Many successful Nevada personal injury claims settle out of court, before an insurance claim of lawsuit needs to be filed. Many times, however, it is necessary for the injured victim to make a more formal claim with an insurance company for injuries suffered. Other times, it is necessary for a lawsuit to be filed against the insurer in Nevada court. Below is some general information about Nevada personal injury claims, which can help you if you have been hurt in Las Vegas or Henderson.
Documenting Your Case
The steps a personal injury victim needs to take prior to filing an insurance claim is critical to the ability to successfully obtain a favorable settlement or judgment in Nevada. One of the most important steps you should take if you are hurt in Las Vegas or Henderson is documenting your injuries thoroughly. This includes:
- Photographing your actual injuries,
- Keeping records of time lost at work,
- Seeing a doctor immediately to get treatment, and
- Informing your physician about your symptoms so he or she can properly document your medical conditions.
The injured party bears the burden of proving that the defendant’s negligence was the actual and proximate cause of the accident that resulted in the harm suffered.
Filing a Lawsuit
If you are unable to have your claim approved or settled, it may be necessary to file a lawsuit in Nevada court. Like other claims, there is a statute of limitation for filing a lawsuit. Failure to do so within this timeframe may result in you losing your right to seek monetary compensation forever. Notably, most personal injury victims have two years to file a lawsuit to seek monetary compensation for harm suffered. It is important to know that the statute of limitations usually does not begin until the victim knew, or should have known, about the injury. This is critical because many injuries do not appeal until some time after an accident.
A personal injury victim in Nevada has the right to seek monetary compensation for harm suffered due to the accident. These are generally referred to as compensatory damages. These damages compensate the injured party for past and future losses due to the accident. Compensatory damages include economic and non-economic damages.
Economic damages includes compensation for losses that can relatively easily be calculated monetarily. This includes property damage, medical bills, lost past wages, and lost future earning capacity. Non-economic damages includes compensation for losses that cannot be easily calculated and do not necessarily involve expenses that are out-of-pocket. This includes emotional distress, pain and suffering, physical impairment, inconvenience, loss of enjoyment of life, disfigurement, and other similar general losses.
Unlike punitive damages, which are aimed at punishing wrongdoers for particularly bad behavior, compensatory damages are meant to make the injured victim whole again.
Our Attorneys can Help
If you or someone you care about has been hurt in a Nevada accident, contact the personal injury attorneys at H&P Law. With offices in Las Vegas and Henderson, our experienced lawyers can help. We have successfully obtained monetary compensation for injured clients across Nevada and can do the same for you and your loved ones. Contact us today.