You may suffer a severe injury due to no fault of your own. At this point, it may be best to consult with a Laughlin catastrophic injury lawyer. By working with a Laughlin personal injury lawyer, you may be able to seek damages from any liable parties.
At H&P Law, we help injury victims pursue damages. Our attorneys have more than 60 years of combined legal experience. Contact us today to discuss your case with us.
Catastrophic Injury Definition
A catastrophic injury is incredibly serious. The injury may affect your physical and emotional well-being for the rest of your life. Examples of catastrophic injuries include:
- Amputation
- Bone fracture
- Organ damage
- Traumatic brain injury (TBI)
- Spinal cord injury
If someone else causes you to suffer these or other serious injuries, you may be able to take legal action against them. At H&P Law, we can answer frequently asked questions and any others you may have about injury claims. For more information, get in touch with us.
When to File an Injury Claim
Per Nevada Revised Statutes (NRS) §11.190, you may have up to two years from the date of your injury to request damages. For example, a negligent driver may crash their car into yours, leaving you with a serious injury. In this situation, you may have two years from the day of your accident to pursue damages — if you do not file a claim, you may be solely responsible for your injury-related losses.
A Laughlin catastrophic injury attorney can help you submit your claim in accordance with Nevada’s statute of limitations. They can review your case and go over your legal options with you. If you have a valid claim, they may work with you to pursue the maximum amount of damages.
Just because you ask for damages does not guarantee you will receive compensation. An at-fault party or their insurer may do everything within their power to deny your claim. Your attorney can help you prepare an argument to prove a liable party was negligent.
Proving Negligence
You are responsible for providing medical records, accident scene photos and videos, and other forms of proof to support your argument. A catastrophic injury lawyer in Laughlin can help you gather evidence. They can build an argument to show that the elements of negligence were present when you suffered your injury.
There are times when plaintiffs are to blame in injury cases. The defendant in your case may try to show you are in some way liable for your injury. If they succeed, they may only have to pay you partial damages or no compensation at all.
How Comparative Negligence Applies to Your Case
According to NRS §41.141, you may be found partly responsible for your injury. If this happens, you may not get 100% of the damages you requested. Instead, a judge or jury may award you partial damages or nothing.
What you get in damages depends on your percentage of fault. If you are found to be 1-50% liable, a judge or jury may provide partial damages. Alternatively, if a judge or jury says you are more than 50% at fault, you may not recover damages.
For instance, a judge or jury may find you to be 20% liable for your injury. This means the defendant, in your case, may have to pay you 80% of the damages you initially requested. If the judge or jury said you are 51% responsible, you may not receive any compensation.
How a Catastrophic Injury Claim Works
A catastrophic injury attorney in Laughlin can walk you through the process of filing a claim. In many instances, you may go through an at-fault party’s insurance company to get compensation. There are times when an injury lawsuit may be necessary.
Your lawyer can teach you how to file a car accident claim in Nevada. In this scenario, you may notify your auto insurance company, which will reach out to the at-fault motorist’s insurer. If you got hurt at work or at someone’s home, you may be able to get compensation through an insurance claim.
An at-fault party or their insurance company may commit time and resources to dispute your claim. This may happen in a case involving a negligent driver, business, healthcare provider, and many other parties. With help from your attorney, you can craft an argument that compels a judge or jury to rule in your favor.
Catastrophic Injury Case Settlement
You want the best case results but may not have to go to trial to get them. If you have a compelling case, the defendant may have concerns. This may lead the defendant to offer a fair settlement.
If you get a settlement proposal, you are not legally obligated to accept it. It may be beneficial to review the offer with your attorney since they can explain what the proposal entails. Your Laughlin catastrophic injury lawyer can give you insights into the offer, and you have the final say on what to do with it.
No matter how you decide to proceed with a settlement offer, your Laughlin catastrophic injury attorney keeps your best interests top of mind. If you approve a settlement, you will get compensation and close your case. On the other hand, if you are not fully satisfied with an offer, you can decline it and continue with your litigation.
Get Legal Help with Your Catastrophic Injury Case
You do not have to deal with the ramifications of a catastrophic injury by yourself. At H&P Law, our team can help you decide if now is the right time to file a claim against anyone responsible for your injury. To schedule a free and confidential consultation, contact us today.
