You suffer an injury due to no fault of your own, and the issue will affect you for the rest of your life. This is devastating to you and your family, and you have no idea what to do next. In this situation, hire a Summerlin catastrophic injury lawyer to help you pursue damages you can use to cover your losses.
H&P Law is a Nevada personal injury law firm with more than six decades of combined legal experience on staff. Our Summerlin personal injury lawyer is empathetic and caring, and we are available to assist you with your case in any way we can. Contact us today to get started.
Definition of a Catastrophic Injury
An injury is catastrophic when it has long-term or permanent effects on a person. Spinal cord injuries, traumatic brain injuries, and amputations are three examples of catastrophic injuries. Lawyers represent plaintiffs in catastrophic injury lawsuits, including:
- Summerlin car accident lawyers
- Summerlin truck accident lawyers
- Summerlin motorcycle accident lawyers
- Summerlin pedestrian accident lawyers
- Summerlin slip and lawyers
H&P Law makes it easy to connect with a Summerlin catastrophic injury attorney. We focus on the details of your case and give your lawsuit the attention it deserves. Schedule a free case consultation with our legal team.
When to File a Catastrophic Injury Lawsuit
Per Nevada Revised Statutes (NRS) §11.190, you have up to two years from the date of a catastrophic injury to seek damages from any liable parties. For example, a motorist crashes their car into yours, resulting in a serious injury. You can file a lawsuit against this driver within two years of your accident.
A catastrophic injury lawyer in Summerlin can teach you about Nevada’s statute of limitations for car accidents and other incidents that lead to injuries. They can evaluate your case and determine if you have grounds for a lawsuit. If so, they can submit your lawsuit promptly.
There are times when you can collect damages without a personal injury lawsuit. If you get hurt due to another person’s negligence, you may pursue compensation through an insurance claim. In the best-case scenario, an insurer finds you are not responsible for your injury and gives you compensation to cover all of your losses.
How an Insurance Company Treats a Catastrophic Injury Claim
To understand how an insurer may address your injury claim, consider an example. You are involved in a car accident in which another driver is liable. You and the other motorist have auto insurance, and both parties’ insurers work together to resolve your claim.
Ideally, the at-fault motorist’s insurance company will cover your losses. However, this insurer is more likely to prioritize its bottom line and its client’s best interests than providing you with compensation for your injury. Thus, the company could dispute your claim, making it difficult to get compensation.
A catastrophic injury attorney in Summerlin understands the challenges that come with dealing with an insurance company. They can negotiate with an insurance company for you. Plus, they can help you get the compensation you deserve in as little time as possible.
Damages You Can Request in Your Lawsuit
Economic and non-economic damages can be recovered in a personal injury case. Your lawyer can provide insights into both types of damages and how to get them. They may encourage you to pursue damages for several reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment
Requesting these and other quantifiable and subjective damages does not guarantee you will receive them. You are responsible for the burden of proof in your lawsuit. If you provide sufficient evidence to support your argument, you could compel a judge or jury to award you full damages.
Evidence You Can Use in Your Lawsuit
In terms of understanding the burden of proof in a Nevada personal injury case, your attorney has you covered. They will give you details about evidence you can use in your case. Your lawyer may use any of the following in your argument:
- Medical records
- Accident scene videos and photos
- Pay stubs
- Witness statements
- Surveillance footage
- Maintenance records
- Employment records
Ultimately, your evidence helps you prove someone else is responsible for your injury. If you have a wide range of proof, it may convince a judge or jury to rule in your favor. It may also lead the defendant in your lawsuit to propose a settlement that lines up with your expectations.
How to Prove Someone Is Liable for Your Catastrophic Injury
Proving negligence can make or break your injury lawsuit. Your lawyer can prepare an argument to show a liable party was negligent and should be held accountable for all of your accident-related losses. As part of their efforts, your attorney will look for ways to show the following elements of negligence were present when your injury occurred:
- Duty of Care: It was reasonable for a party to do certain things that would prevent you and others from getting hurt.
- Breach of Duty of Care: This party failed to take protective measures, putting you and others at risk.
- Causation: The party’s actions led to an incident that caused you to get hurt.
- Damages: Since the party chose to act the way they did, you are dealing with economic or non-economic losses.
Your lawyer will consider how comparative negligence in Nevada may impact your damages. Based on comparative negligence, you can still recover damages if you are 1-50% at fault for your injury, but what you get can be reduced by your percentage of fault. If you are more than 50% liable, you may be ineligible to get damages.
Resolving a Catastrophic Injury Lawsuit
Your lawyer can negotiate a settlement before your lawsuit goes to trial. If the defendant makes you an offer, you can review it with your attorney. At this time, your lawyer can explain all that the proposal entails.
If you are satisfied with a settlement, you can accept it. On the other hand, a settlement may not give you enough compensation to cover your losses now and in the future. If this is the case, you can decline it and continue with your litigation.
Your attorney will represent you if a trial is necessary. At the trial stage, your lawyer presents your argument. They explain to a judge or jury why damages should be awarded and contest the defendant’s claims against you.
Work with a Catastrophic Injury Lawyer Who Prioritizes Your Best Interests
H&P Law is your legal advocate, and we will help you deal with the aftermath of your catastrophic injury. Let our legal team assist you with your injury case. Request a free case consultation.
