When life throws you a curveball in the form of an unexpected injury, it’s beneficial to have a dedicated team in your corner, fighting for your rights. When you work with a Sunrise Manor personal injury lawyer, they understand the physical, emotional, and financial toll an accident can take on you and your loved ones. That’s why we’re committed to providing personalized, compassionate legal representation to help you get through this challenging time and secure the potential compensation you are seeking.
If you’ve been hurt by someone being negligent or wrongdoing, you may have grounds for a personal injury claim. At H&P Law, our attorneys can carefully assess your case and explain your legal options to help you understand each step. Our team can also develop a customized strategy to pursue justice on your behalf with our years of expertise, dedication, and proven track record in injury law.
What Personal Injury Law Covers
Personal injury law, often referred to as tort law, permits an injured individual to pursue compensation when another’s wrongful actions result in harm. This can include intentional acts, negligence, or strict liability. The goal is to make the injured party feel like themselves again and discourage others from committing the same offense.
A personal injury case can arise from various types of accidents and incidents. Some common examples include car crashes, slips and falls, medical malpractice, defective products, and dog bites. To have a valid claim, you typically must prove that the other party had a duty of care, breached that duty, and directly caused your injuries as a result.
If you have success in your case, you may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages. Your personal injury attorney in Sunrise Manor can help assess the merits and value of your potential claim. While most cases settle out of court, a trial attorney will be prepared to argue your case before a judge and jury if needed.
Nevada-Specific Personal Injury Statutes
While personal injury law has many commonalities across states, each jurisdiction also has its own unique rules and procedures. In Nevada, it’s important to be aware of several important statutes that could impact your case. An attorney can help ensure your rights are protected.
Nevada follows a “modified comparative negligence” rule. This means you can still recover damages as long as you were less than 50% at fault for the accident. However, your award will be reduced by your percentage of fault. So, if you were 30% responsible, you could collect 70% of your damages from the other party.
The Nevada State Legislature also states strict time limits for filing personal injury lawsuits, known as the statute of limitations, which is often just two years from the date of the injury to file suit. For medical malpractice, it’s either one year from the date of injury or one year from when the injury should have been reasonably discovered, up to a maximum of three years. Once this window closes, the court will likely dismiss your case. That’s why it’s crucial to consult with a lawyer as soon as possible after an accident.
Calculating Potential Damages
One of the most common questions personal injury clients have is: How much is my case worth? The answer depends on various factors, but your attorney can help estimate the potential value of your claim. Here are some considerations:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Property damage
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- Punitive damages (in rare cases involving egregious conduct)
Your lawyer will gather evidence such as medical records, bills, pay stubs, and expert opinions to support your claimed damages. In some cases, they may also use specialized formulas or calculators to arrive at a fair figure. Ultimately, the unique facts of your situation will dictate the amount of compensation you may be entitled to.
Understanding “Loss of Consortium”
Nevada law recognizes a separate claim known as “loss of consortium.” This type of claim allows the non-injured spouse to seek compensation for the negative impact their partner’s injuries have had on their marital relationship. Loss of consortium can encompass things like:
- Loss of companionship, love, and affection
- Inability to have sexual relations
- Loss of household assistance and services
- Loss of care, protection, and guidance (especially for minor children)
To prove loss of consortium, the non-injured spouse must show that the marital relationship has been significantly disrupted as a direct result of the other’s injuries. A personal injury attorney in Sunrise Manor can advise on whether this claim may apply to your case and how to go about documenting the losses. While no amount of money can compensate for the damage to a marriage or family, this type of compensation aims to acknowledge the real toll an injury can take on loved ones.
“Lost Enjoyment of Life” as a Non-Economic Damage
When an accident causes severe, long-term injuries, it can rob a person of the ability to participate in activities that once brought joy and fulfillment. This loss can be compensated through damage known as “lost enjoyment of life” or “loss of quality of life.” It falls under the umbrella of non-economic damages, which can be more difficult to quantify than concrete economic losses like medical bills or lost wages.
Some examples of what could constitute lost enjoyment of life include no longer being able to engage in hobbies, exercise, travel, or socialize as before the injury. It can also encompass the inability to forge new relationships or take on new experiences. Essentially, it represents a diminished capacity to derive pleasure and satisfaction from life.
Proving lost enjoyment of life often involves testimony from the injured person, their loved ones, and medical experts. Your personal injury lawyer in Sunrise Manor can help gather and present this evidence in a compelling way. While it’s impossible to put a price tag on something so intangible, this damage aims to recognize the very real mental and emotional impacts of a life-altering injury.
Take the Next Step with a Sunrise Manor Personal Injury Attorney
At H&P Law, we have extensive experience handling all types of personal injury claims in the Sunrise Manor area and throughout Nevada. We offer free, no-obligation consultations where we can listen to your story, answer your questions, and advise you on your legal options. Schedule your free consultation today, and let’s see how and if we can move forward with your case.
