If you suffer a whiplash injury and someone else may be liable, now may be the time to seek compensation through a claim or lawsuit. Have a Summerlin whiplash injury lawyer review your case. From here, your attorney can describe your legal options and what you may be able to do to recover economic and non-economic damages.
H&P Law gives you access to a legal team with more than 60 years of combined experience. If you are debating whether to take legal action against someone who may be responsible for your whiplash or are ready to proceed with a claim or lawsuit, we’re here for you. Talk with a Summerlin personal injury lawyer from our team.
Why a Summerlin Whiplash Injury Claim Could Benefit You Today and in the Future
Treating your whiplash injury is essential. Otherwise, your injury symptoms can linger and affect you for a long time. If your injury may be the result of someone else’s actions, you could get compensation from the liable party’s insurance company. To do so, it pays to partner with a Summerlin whiplash injury attorney, since they can guide you through the claims process.
Your personal injury attorney can explain whether you may have a good case for compensation. They may help you file your insurance claim and engage in settlement negotiations on your behalf. If these negotiations are successful, you may receive compensation that serves you well as you care for your whiplash injury.
If you have questions about how much your personal injury case may be worth and other legal topics, the courtroom-proven and client-praised attorneys at H&P Law can help. We can discuss insurance claims for whiplash injuries and how filing one may prove to be in your best interests. Contact us today.
Problems That Can Impact Your Whiplash Injury Claim
The things you do now may dictate whether an insurance company approves your claim. For example, the content you post on social media can affect your personal injury claim. If you post content online that raises a reasonable doubt about the severity of your whiplash injury, a liable party’s insurer may use it in their case against you. This could ultimately lead to a claim denial.
Expect an at-fault party’s insurance company to dispute liability and offer less compensation than what you’ve incurred in losses. Thankfully, your whiplash injury lawyer in Summerlin is unafraid to stand up to insurance companies for you. If an insurer doesn’t offer a settlement that you feel is sufficient, your lawyer has no issue with helping you file a personal injury lawsuit.
According to Nevada Revised Statutes (NRS) 11.190, if you want to sue a motorist or any other parties that may be responsible for your whiplash injury, you may have two years from the date you were injured to file your lawsuit. Once this window closes, you may lose the right to sue and have to cover your injury-related losses out of pocket.
How Much Money Can You Get If You File a Whiplash Injury Lawsuit
If you file a personal injury lawsuit, you could recover damages for your tangible and intangible whiplash-related losses. Personal injury attorneys will examine your losses and calculate your damages. They may encourage you to ask for any of these damages:
- Medical bills
- Lost wages or earning capacity
- Pain and suffering
To help show a judge or jury that your damages request is warranted, your lawyer may use your medical records, witness statements, accident reports, and other evidence in their argument. Doing so may help your attorney prove that a party acted negligently and, due to this, should be held responsible for your losses.
What to Do to Prove Negligence in a Whiplash Injury Case
Outside of gathering evidence, your lawyer may craft an argument designed to illustrate to a judge or jury that a party was negligent. If your attorney argues your case in court, they may highlight these elements of negligence:
- Duty of care: This is an obligation that someone has to ensure the safety and well-being of others.
- Breach of duty of care: A breach of duty occurs when someone fails to meet an expected standard of care. For example, a motorist violates their duty if they drive while distracted or aggressively.
- Causation: This is a correlation between a party’s actions and your whiplash injury. In your case, your lawyer may detail to a judge or jury how a party violated their duty of care, which may have contributed to your whiplash.
- Damages: These are the losses that you face because a duty of care was violated and you got hurt as a result.
- If your lawyer has a large collection of evidence and a strong argument, a liable party may be inclined to settle before your case goes to trial. Of course, if a trial is necessary, your lawyer can share their evidence and argument in court. At this point, a judge or jury can decide whether to award full or partial damages.
What Modified Comparative Negligence Means to Whiplash Injury Cases
Even if you say that someone may be liable for your whiplash injury, you are responsible for meeting the burden of proof. If you don’t, a judge or jury could rule that you’re partially responsible for your injury. When this occurs, you may recover partial damages or none at all.
Per NRS 41.141, Nevada has a modified comparative negligence system in effect. Under this system, your percentage of fault for your whiplash injury can determine whether a judge or jury will award compensatory damages.
With modified comparative negligence, if a judge or jury rules that you’re 1-50% liable for your whiplash, your damages may be reduced by your percentage of fault. In a situation where you’re found to be more than 50% at fault, you may not get damages.
Our Attorneys Will Give Your Whiplash Injury Case the Attention It Deserves
Leave nothing to chance as you evaluate your legal options for your whiplash injury case. Speak with a whiplash injury attorney in Summerlin from H&P Law. We may be able to help you move forward with a personal injury claim or lawsuit. For more information, request a free case consultation.
