If you get hurt due to someone else’s negligence, you are dealing with an injury. At this point, you may have an injury case against the party responsible for hurting you. To find out, speak with a Las Vegas personal injury attorney, and they can go over your legal options with you.
For those who want to learn more about what an injury case entails, the team at H&P Law can help you out. Our Nevada personal injury lawyer handles many different types of injury lawsuits. Contact us today.
How a Personal Injury Case Works
A personal injury can be physical, emotional, or psychological. It happens after someone harms you. Examples of cases where one person sues another due to an injury include:
- Car crash
- Truck accident
- Defective product
- Slip and fall accident
- Medical malpractice
With an injury claim, you ask for compensation due to the fact that someone else hurt you. You can request economic and non-economic damages for your medical bills, lost wages, pain, suffering, and other losses. In some cases, a court awards punitive damages to deter future acts of recklessness in accordance with Nevada Revised Statutes §42.005.
The person who files an injury lawsuit is the plaintiff, and the party they sue is the defendant. To settle a claim, the plaintiff must meet the burden of proof. If this individual delivers a preponderance of evidence to support their argument, they can boost their chances of proving the defendant was at fault and getting compensation from them.
What It Takes to Show an At-Fault Party Was Negligent
Saying that you believe the defendant in your injury lawsuit was negligent is not enough for a court to award damages. You must provide evidence and witness statements that show a judge or jury that the defendant was negligent. In addition, you must explain how the following elements of negligence were present when you suffered your injury:
- Duty of Care: The defendant had a legal obligation to avoid careless acts.
- Breach of Duty of Care: This party knowingly acted carelessly in spite of the fact that doing so could cause someone to get hurt.
- Causation: Because someone broke their duty of care, you got hurt.
- Damages: You incurred losses as a result of someone violating their duty of care.
How much money you get in an injury lawsuit depends on the type of negligence. A Nevada personal injury attorney can take a look at your case. They can determine if you are the victim of ordinary or gross negligence.
Ordinary negligence typically involves a careless mistake that one person makes that affects another individual. Comparatively, gross negligence is more extreme. It occurs when a person deliberately or blatantly ignores the health and well-being of others and puts them in danger.
When You Can File a Personal Injury Lawsuit
For most personal injury cases in Nevada, the statute of limitations is two years, per Nevada Revised Statutes §11.190. This means you have up to two years from the date you suffer an injury to sue any at-fault parties. If you do not start your case during this time, you cannot get damages after the window to do so expires.
There is an exception to the statute of limitations that involves minors. In most personal injury cases that involve a minor, the window to file a lawsuit tolls until a child turns 18. At this time, the window remains open for two years, i.e., until the child turns 20.
If you are the victim of someone else’s negligence and are dealing with the aftermath of an injury, meet with a personal injury lawyer in Nevada. At H&P Law, our team can discuss your case with you and help you decide if now is the right time to file a lawsuit. For more information, get in touch with us.
Who Pays the Compensation in a Personal Injury Case
You may be able to get compensation for your injury from the at-fault party or their insurance company. For example, you can get hurt in a car accident caused by a driver who was speeding. The at-fault motorist’s insurer may cover the full cost of your crash and injuries.
Of course, it is not a given that an at-fault party’s insurer will pay for the injury. You may need to file a lawsuit against one or more negligent parties. Examples of defendants in injury lawsuits include:
- Grocery stores
A personal injury attorney in Nevada understands that every case is its own entity. The lawyer commits the time, energy, and resources to review your claim and figure out who is at fault for your injury. They can then help you hold any at-fault parties accountable for their negligence.
How an Injury Case Gets Resolved
After your lawsuit is filed, you and your attorney gather evidence to support your request for damages. The discovery period opens, which allows you to conduct depositions and perform other research. At the same time, the defendant uses this period to find any evidence that they may be able to use against you.
Your attorney can negotiate with the defendant in the hopes of reaching a settlement without a trial. If no settlement is reached, you bring your case in front of a judge or jury. In the best-case scenario, the court rules in your favor, and you get 100% of the damages that you originally requested.
According to Nevada Revised Statutes §41.141, comparative negligence applies to injury lawsuits. Based on this standard, you cannot recover damages based on an injury if you are found to be more than 50% at fault. If the defendant in your case is found to be primarily accountable but you still share some of the responsibility for your injury, the damages you are awarded can be reduced by your percentage of fault.
Get Started with a Personal Injury Case
Do not leave your injury case to chance. Let the team at H&P Law help you get damages from anyone who caused your injury. To find out more, contact us today.