If you were hurt in Nevada in a slip and fall accident on another’s property, you may have the legal right to file a personal injury lawsuit and pursue monetary compensation. There are many steps to these claims, however, and having a basic understanding of how slip and fall cases proceed is important to accident victims. This includes the investigation stage, claims process, lawsuit, and trial.
Before a lawsuit can start in a Nevada court, an investigation into the accident and the surrounding facts must first be conducted. A thorough investigation can help determine the cause of the victim’s injuries and which parties should be found legally and financially liable. Slip and fall cases fall under the legal theory of premises liability. Under this area of the law, property owners can be held liable for certain injuries that happen on the property.
During the investigation, the following will be determined:
- The party in control of the property at the time of the accident;
- Whether the injured victim was given permission to enter or use the property;
- Whether a dangerous condition existed on the premises;
- Whether the party in control of the premises or the property owner knew, or should have known, about the dangerous condition;
- Whether the dangerous condition caused the victim to suffer harm or damages.
Filing a Claim
Once an investigation is done, then a claim may be filed with the appropriate insurance company. In most slip and fall cases, a claim is filed by the injured victim with the property owner’s liability insurance carrier. Once a claim is filed with the insurance carrier, an insurance adjuster will be sent to investigate the slip and fall case. He or she will also be instructed to negotiate a settlement based on his or her findings.
If a settlement is not reached with the insurance company, a lawsuit may be filed in Nevada court. In order to initiate the lawsuit a complaint — a legal document notifying the at-fault party that a lawsuit has been filed against it — must be filed against the insurance company with the court. A complaint must include the parties involved in the lawsuit, a description of how the slip and fall accident happened, the alleged responsible parties for the accident, and the amount of damages the victim intends to pursue.
The next step is the discovery phase, where the parties seek out and make known any information related to the case. Attorneys may use interrogatories, requests for admissions, requests for production, and depositions during the discovery process. After the discovery phase, attorneys will continue to try to negotiate a settlement. This may occur through mediation or arbitration. If the parties are unable to settle the matter, then the case proceeds to trial.
Contact Our Attorneys
At H&P Law, our experienced Las Vegas personal injury attorneys have helped slip and fall accident victims across the state of Nevada. Our lawyers understand the applicable law surrounding slip and fall cases and will guide you every step of the way.