A whiplash injury has the potential to affect you for a long time. If your injury is the result of another party’s actions, hold the at-fault party responsible. Meet with a Mesquite whiplash injury lawyer. This may prove to be the first step for you to recover compensatory damages from the liable party through an insurance claim or a personal injury lawsuit.
H&P Law is proud to be a client-praised and courtroom-proven Nevada personal injury law firm. Our team has recovered over $100 million in compensation for our clients. Trust our Mesquite personal injury lawyer to help you with your whiplash injury case. Contact us today to get started.
Reasons to Move Forward with a Mesquite Whiplash Injury Claim
Filing an insurance claim for your whiplash injury may allow you to get compensation that you can use to support your recovery. Your Mesquite whiplash injury attorney can provide you with FAQs and other resources about what your claim may entail. They can help you submit your claim in alignment with Nevada law.
Throughout the claims process, your personal injury attorney will remain accessible. Your lawyer can negotiate the terms of an injury settlement with an at-fault party’s insurance company. They can keep you informed about any settlement offers and help you weigh each one’s pros and cons.
At H&P Law, we want to help those who have been injured due to others’ negligent acts. Our personal injury lawyers can discuss the average settlement amounts for personal injury cases and other legal topics with you. If you are ready to seek compensation for your whiplash injury losses through a claim, we’re here to assist. To learn more, schedule a free case consultation.
Challenges That Could Come Up After You File a Whiplash Injury Claim
You may know that you have whiplash after a car accident or another incident that may have been caused by someone else. Regardless, you may file a claim for your whiplash injury, and the insurance company of a liable party may dispute liability or offer a lowball settlement. Either scenario can be frustrating. Thankfully, you have access to legal help.
If you have a whiplash injury lawyer in Mesquite at your disposal, you can receive guidance at each stage of the claims process. Your attorney can engage in insurance settlement negotiations and provide frequent updates about them. If your insurance claim is denied, your lawyer may encourage you to file a personal injury lawsuit.
Per Nevada Revised Statutes (NRS) 11.190, the statute of limitations for most personal injury lawsuits is two years. Based on this, if you suffer a whiplash injury and someone else may be liable, you may have two years from the date that you were injured to sue for compensatory damages.
What to Expect in a Whiplash Injury Lawsuit
After you file a whiplash injury lawsuit, your personal injury attorney may gather witness statements, medical records, accident scene photos, and other forms of proof. They want extensive evidence to use in their argument. Your collection of evidence may help your lawyer get a reasonable settlement and resolve your case without a trial.
Your lawyer can negotiate a settlement with an at-fault party leading up to your trial. At the same time, they may prepare their argument as if they will present your case to a judge or jury. This helps ensure that if your case reaches trial, your lawyer is well-equipped to show a judge or jury that your damages request is valid.
If you are wondering whether you should go to trial in your Nevada personal injury case, it’s important to note that many whiplash injury claims are resolved outside of court. Ultimately, if you don’t get a settlement offer that you feel is sufficient, you may want to have your attorney argue your case to a judge or jury. Then, the court can decide whether damages are warranted.
Compensation That You Could Get in Your Whiplash Injury Case
The recoverable damages for a whiplash injury may account for your tangible and intangible losses. Your attorney can evaluate your losses and estimate what your case may be worth. They may advise you to pursue any of these damages:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
According to NRS 41.141, modified comparative negligence applies in personal injury lawsuits. With this, if you sue for a whiplash injury and are found to be 1-50% liable, your damages may be reduced proportionately. On the other hand, if the court rules that you’re more than 50% at fault, you may be barred from getting damages.
Who is Responsible for a Whiplash Injury
Depending on the circumstances of your case, a motorist, a truck driver, a property owner, a product manufacturer, or other parties could be partially or primarily at fault for your whiplash injury. In some instances, two or more parties may share the blame for your whiplash. You could also be held partially liable for your injury.
Personal injury lawyers may interview witnesses who saw you get hurt, review police reports, and do other things to assess liability. If your attorney identifies any at-fault parties, they may build an argument around negligence. This argument may focus on how a party’s actions contributed to your whiplash injury.
Your lawyer wants to be able to show a judge or jury that a party committed a careless or reckless act that played a role in your injury, which represents a violation of their duty of care to you. On top of that, they may detail how this party’s actions have left you with losses and that you deserve to be compensated for the harm that you’ve suffered.
Work with Our Whiplash Injury Attorneys
Let a whiplash injury attorney in Mesquite from H&P Law help you with your case. We strive to provide straightforward communication and committed support to those who suffer whiplash in a car crash, a slip and fall accident, or for other reasons. To find out more, request a free case consultation.
