Slip and fall accident injuries can be far more devastating than many people realize. The impact can affect seemingly every aspect of your life. Whether your slip and fall injuries have kept you out of work or resulted in permanent disability, if someone else is responsible, you can hold them accountable for their negligence.
A respected Summerlin slip and fall lawyer from H&P Law can help you fight for the just compensation that is rightfully yours. Our team has over 60 years of combined experience and will go to great lengths to maximize our clients’ payouts. Schedule your 100% free consultation with a Summerlin personal injury lawyer from our firm today to learn more about how much your slip and fall accident case could be worth and what to expect from the insurance and civil claims processes.
What to Expect from Your Slip and Fall Accident Lawsuit
If you are intimidated by the thought of moving forward with a slip-and-fall lawsuit, you are not alone. It is normal for people who have been through traumatic experiences to hesitate to take legal action. We want you to feel empowered, so here is a general idea of how the slip and fall accident claims process may unfold:
- You hire a legal representative
- We investigate the cause of the accident
- We collect valuable evidence to prove fault
- Your attorney identifies the liable party
- We review your damages to calculate the value of your losses
- We prepare your insurance claim filings
- Your lawyer negotiates with the insurance company
- We bring your case to trial
In some instances, a lawsuit is not necessary. If the property owner or other liable party has general liability coverage, for example, the insurer may cover a sizable portion of your medical bills. However, any other losses that are not covered by the insurance company can only be recovered when you file a lawsuit against the at-fault party.
Summerlin Slip and Fall FAQ
Can I File a Claim After the Statute of Limitations Expires?
There are limited circumstances under which you may be able to file a claim for a slip and fall after the statute of limitations has expired. Your Summerlin catastrophic injury lawyer may be able to pursue a claim if the two-year statute of limitations is paused temporarily per Nev. Rev. Stat. §11.190(4). This often occurs when victims suffer delayed diagnosis or are under the age of 18.
However, in these cases, the statute of limitations has not expired but has simply been tolled. For this reason, your claim must be filed before the statute of limitations passes. Otherwise, the court system may refuse to hear your case at trial.
How Do Punitive Damages Work?
Punitive damages are a type of award that can be included as part of a civil lawsuit in Nevada. According to Nev. Rev. Stat. §42.005, punitive relief may be included if the defendant’s conduct was abhorrent, intentionally harmful, malicious, or grossly negligent. This means punitive damages may not apply in slip and fall accidents or premises liability cases.
For example, let’s say the property owner forgot to put out a wet floor sign. This would not constitute an award of punitive damages. However, if the property owner has a history of slips and falls on their property and has shown a disregard for the safety of others, punitive relief may apply.
Who Will Pay My Medical Bills?
The liable party should be expected to cover your medical expenses after a slip and fall accident. In some cases, you could hold them accountable by filing a claim against their insurance policy. However, the amount of coverage you can get for your medical bills will be based on how much coverage the property owner or other liable party has purchased.
In other cases, liable parties do not have insurance or are lacking sufficient coverage. When this happens in business and premises liability cases, filing a personal injury lawsuit with the support of your Summerlin slip and fall lawyer from H&P Law may be in your best interest. We may be able to temporarily get any payment collection attempts temporarily paused by speaking with the insurance company or healthcare providers while we move through the claims process.
What Does It Cost to Hire a Summerlin Slip and Fall Attorney?
The cost of hiring a legal advocate after everything you have been through should be the furthest thing from your mind. However, when you are struggling financially, every cent matters. For that reason, we do not charge anything upfront or require our clients to cover any of the expenses that come with filing a slip-and-fall lawsuit.
We have a strict no-win, no-fee guarantee, written following the state laws on contingency fees per Rule 1.5 – Fees, Nev. R. Prof. Cond. 1.5. If we win, a portion of your settlement covers our slip and fall attorney in Summerlin’s fees. If we lose, you never pay anything for our legal services.
Does Nevada Follow the Open and Obvious Rule?
Nevada does recognize the open and obvious rule as described under Nevada Jury Instruction 8.3. Here, if dangerous conditions are carefully marked and the public or invited guests are made aware of the potential safety risk, the property owner may be able to avoid total liability. This does not mean they will be able to avoid paying on your claim entirely, however.
Since Nevada follows modified comparative negligence laws under Nev. Rev. Stat. §41.141. This means if the open and obvious rule applies, your settlement could be reduced, as the judge may find you partially responsible for the injuries you suffered. For instance, if you failed to notice the warning sign near a wet floor and broke your leg, the judge might find you 30% at fault and award you only 70% of what you were initially entitled to.
Get Help from a Premier Slip and Fall Attorney in Summerlin Today
When you have been forced to deal with a critical injury caused by the reckless or negligent actions of another, taking legal action may be the best way to recover the compensation you deserve. After all, there is no reason you should be expected to cover the costs of someone else’s negligence. After taking on your case, your dedicated slip and fall lawyer in Summerlin from H&P Law will be here to offer legal advice and support you can count on.
Our Summerlin slip and fall attorneys are proud to offer free consultations to slip and fall injury victims across Summerlin and neighboring cities. Our community-driven approach and powerful track record of success are unmatched. When you are ready to fight for maximum compensation, fill out our online contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.
