A personal injury accident can be both physically and emotionally stressful. Personal injuries result from an accident caused by another person’s negligence. Sometimes the injuries are minimal, and they heal quickly. Others are more serious, and their consequences will endure a lifetime.
Following a major injury, you may find yourself with a growing pile of medical costs. Perhaps you cannot afford the necessary medical treatment. It doesn’t take long to fall behind on all of your financial obligations if you are the primary income earner and are unable to work.
Perhaps you’re considering filing your claim and receiving compensation from the insurance company. Directly dealing with the insurance company is one of the worst things you can do. They will take advantage of your lack of knowledge about personal injury claims to avoid compensating you for your injuries. They may even blame you and force you to pay.
Moss Berg Injury Lawyers make it easy to take the necessary legal action to obtain fair compensation for your case. We will handle several aspects of the claims process and build a strong case. Many of our clients have received big settlements as a result of our negotiation skills. We will work tirelessly to obtain the highest possible compensation for you and will never accept an offer that is too low.
Understanding Las Vegas Personal Injury Claims
In Nevada, if one party causes harm to another, the incident may result in a personal injury claim, which is a civil suit for damages in which the injured party seeks compensation for the losses imposed by the other party. Personal injury claims may result from acts of carelessness or failing to take reasonable care, but they may also result from intentional and unlawful conduct.
When dealing with the consequences of another party’s negligence or misconduct, it’s important to understand the state’s personal injury laws and how they apply to your particular situation.
Filing Your Las Vegas Personal Injury Claim
A personal injury claim begins when the plaintiff files a complaint with the local court. Before filing a claim in court, the victim may have first recovery alternatives that may result in important compensation. So, if you were injured in a car accident, you can probably file an auto insurance claim against the at-fault driver for some initial compensation. However, if their insurance does not cover your damages, you must file a personal injury claim to recover the rest.
Any personal injury has the potential to result in several complicated legal actions between the individuals involved, and a lawyer is a valuable resource in any personal injury claim.
The Legal Process for Las Vegas Injury Claims
A personal injury claim is divided into various stages:
Complaint – The process begins with pleadings, which include your complaint, which details the basis for your claim, your losses, and names the at-fault party(s). The defendant(s) may then file an answer in response to the allegations leveled against them.
Discovery – During the discovery phase, both parties share evidence and interview witnesses to strengthen their arguments. Lawyers will also have the opportunity to assess the strengths and weaknesses of the other party’s allegations. If your lawyer makes a compelling case, the defendant may reconsider settling rather than risking a judge or jury verdict at trial.
Trial – The majority of personal injury claims are settled before coming to trial. If your case goes to trial, your lawyer will present the facts of your case to the jury to demonstrate why you are entitled to compensation for your injuries. The jury is subsequently given instructions on how to apply Nevada injury law criteria and begins deliberations. The jury returns to the courtroom to render its decision once they have concluded.
There is no legal requirement that accident victims hire a lawyer to seek compensation. However, filing a personal injury lawsuit in Nevada is a difficult process. When you attend the courtroom to submit your case, you must follow precise legal processes. A competent lawyer will advocate for your best interests in court, which will help your case.
Compensation for Las Vegas Personal Injury Claims
In a personal injury claim, “damages” relate to both the losses sustained by the plaintiff and the financial recoveries that he or she may get as compensation. Consider the cost of your medical costs, the impact the accident has had on your life, and the defendant’s behavior when determining how much compensation you may be entitled to. You may be able to seek compensation for the following types of losses:
- Past and future medical bills
- Physical and emotional distress
- Mental distress
- Lost wages and earning capacity
- Lost enjoyment or quality of life
- Property damage
- Loss of consortium
- Funeral and burial expenses
Statute of Limitations in Nevada Personal Injury Claims
When it comes to filing a personal injury claim, the first guideline you must consider is the statute of limitations or the time restriction within which you must file your case. A personal injury claim must be filed against a defendant in Nevada within two years of the date the injury occurred. If this seems like a lot of time, keep in mind that it is always best to start your legal proceedings as soon as possible following your injuries. This will ensure the reliability of any evidence you may need to prove fault for your damage.
If the direct cause of a personal injury is not immediately clear, the statute of limitations may “toll” or postpone until the exact cause is determined. The discovery rule applies once the plaintiff discovers the cause of their injury, and their statute of limitations begins on the date they discover what caused their injury. Finally, following initial recovery, it is always advisable for the plaintiff to obtain legal advice.
Seeking Assistance from Las Vegas Personal Injury Lawyers
As a victim of a personal injury accident, you have rights, and you do not have to accept your injuries and losses without a struggle. The skilled trial lawyers at Moss Berg Injury Lawyers can assist you in holding the responsible parties accountable during insurance settlement talks and/or a personal injury claim in Nevada. We will do everything possible to offer you the resolution you require.