If you are ever injured due to the negligence of another person or you’re likely worried about medical bills and the potential time you may have to take off work. The good news is if you have proof then you are eligible for compensation. After seeking medical treatment for your injury in Elko, Nevada, it is strongly encouraged you get in touch with a personal injury lawyer at Nettles Morris Law Firm. Before you decide to hire an attorney you most likely have many questions. Despite personal injury cases being common in the United States, there’s a lot that people don’t know. We are going to cover some of the most important questions you may have and advice regarding your situation for the best results. If you believe you have a personal injury claim contact one of our experienced attorneys.
- 1 What Is A Personal Injury?
- 2 Will You Require a Personal Injury Attorney?
- 3 How Do You File an Elko Personal Injury Claim?
- 4 How Much Will It Cost to Hire a Personal Injury Lawyer in Elko?
- 5 Does A Personal Injury Lawsuit Have a Time Limitation?
- 6 Is Nevada a No-Fault State?
- 7 Should You Accept a Settlement Offer From The Other Party?
- 8 How Much is Your Case Worth?
- 9 What are Punitive and Compensatory Damages?
- 10 How Long Does a Personal Injury Case Take to Settle?
- 11 Contact an Elko Personal Injury Lawyer Today
What Is A Personal Injury?
This is a term in law that encompasses an array of injuries and claims. At the basic level, personal injury is a situation where a person has sustained injury or damage as a result of negligence from another party. The harm can either be minor or life-changing. It can be due to something simple as a slip and fall and complex as medical malpractice. Regardless, when you sustain an injury due to the actions or inactions of another person, the situation can become a personal injury case that calls for a personal injury lawyer.
Will You Require a Personal Injury Attorney?
Whether or not your claim requires an attorney depends on the severity of your injury or damages accrued. If you are not certain, the best thing is to get in touch with our attorneys. They will assess your case and tell you whether you should pursue compensation. Some cases may not call for a lawyer, but more often than not, getting a lawyer helps you make a solid case, thus increasing the amount that you should be awarded. Also, having a lawyer by your side will help with the intricacies of a personal injury case and help you focus on your recovery.
How Do You File an Elko Personal Injury Claim?
After becoming an accident victim in the city of Elko, the first thing is to avoid admitting that you are at fault or contributed to the accident. This might not be the case, and even if you think you are partly at fault, just know to admit will reduce the chances of getting compensated. Your admittance can even be used by the other party to seek settlement for you.
You should also seek immediate medical attention. There are many cases where the victims told the authorities and other people at the scene that they were not hurt. Even if you feel fine, do not make the mistake of saying that you’re okay. Some symptoms take long to become apparent, and if you claimed to be fine, then you will be liable for the medical expenses incurred in the future. So, stay quiet and get to a hospital as soon as possible.
You should also call the police so that they can record the incident. Avoid conversing with the individual responsible for the accident, their representatives or insurance company.
At this stage, it is vital to contact a lawyer so that they can take on the case as soon as possible. The initial consultation is free, and so, there’s no reason to delay. Nettles Morris personal injury lawyers will assess your situation, tell you whether or not you have a valid case and then proceed to do the necessary.
How Much Will It Cost to Hire a Personal Injury Lawyer in Elko?
The amount to pay often depends on the compensation you get. What this implies is that working with a law firm like Nettles Morris, you only have to pay a certain percentage once you win the case. We work on a contingency basis, and so, you don’t have to pay a cent to retain one of our attorneys.
Does A Personal Injury Lawsuit Have a Time Limitation?
Yes! Unfortunately, most victims do not know this and tend to delay when it comes to making claims. Many believe that time isn’t a factor, which couldn’t be further from the truth. There’s a statute of limitations in Nevada, and this is a primary reason to get a lawyer as soon as possible. Another reason is the fact that evidence might go with the wind when you delay. You will also have a hard time getting a lawyer who will take your case when you delay. Personal injury cases depend on substantial evidence and it’s best to pursue it when everything is fresh. Witness reports, police reports, DNA samples, pictures, videos and any other form of evidence needs to be collected, so the faster you pursue the claim, the better.
Paying attention to Nevada’s Statute of Limitations is vital in a personal injury case. The time limit for how long you have to sue a party at fault differs by state, but in most cases, the plaintiff has two years to make a claim, including Nevada. Some cases like medical practice vary between one and three years, and so, you should be vigilant depending on your case.
Is Nevada a No-Fault State?
There are two primary types of jurisdictions when it comes to personal injury: No-fault and at-fault. Nevada operates on the latter. This means that the person or entity responsible for the accident should pay for damages.
Unlike some states that go with the no-fault jurisdiction, you will need to prove that the other party was at fault. This means presenting evidence, witness reports, police report, etc.
The state ideally maintains contributory negligence, meaning that your settlement can be reduced if you were partly responsible for the accident. This is done in proportion form.
At-fault jurisdiction systems are usually criticized because you need to prove fault to be compensated. However, they offer many benefits over no-fault systems- that is, the ability to get a settlement for non-economic damages.
Should You Accept a Settlement Offer From The Other Party?
When you file a claim, the other party representative or insurance company may come back to you with a quick settlement offer. Given the fact that you have suffered property damage losses, medical expenses, etc., you may be hoping to get compensation as soon as possible, and so, accepting the offer may seem viable.
However, taking that route is more often than not a bad idea. Any reputable lawyer will tell you to hold back from the initial offer. That’s because the other party knows you are desperate for financial aid and will take advantage of this situation to low ball.
So, instead of accepting for the offer, let the lawyer assess it and determine whether it is really in line with your total losses. In most cases, you’ll need to reject the offer and demand for an amount that covers your entire losses. This can be challenging, given your situation, but if you have an experienced and skilled lawyer by your side, a negotiation could lead to hundreds or thousands more in the check.
How Much is Your Case Worth?
There’s an array of factors that come into play when determining the value of a personal injury claim near Elko. Your case worth depends on the damages and these stem from the effect of the accident. For example, a slip and fall likely won’t result in as extensive damages as a car crash, so a car accident lawyer will likely get a higher settlement. You will have medical bills and suffered both physical and medical pain. If the individual responsible was under the influence, for example, they might be liable for both compensatory and exemplary damages.
What are Punitive and Compensatory Damages?
These damages are often combined and added to the compensation package.
Compensatory damages are awarded to make up for the injuries you sustained from the injury. The amount includes compensation for medical expenses, pain and suffering, lost wages, legal fees, and more. The goal here is to adequately compensate you for the various aspects of your accident and injury.
Punitive or exemplary damages, on the other hand, are meant to teach the party at fault a lesson and deter them from repeating the same in the future. They are ideally used to set an example for other individuals or entities that could possibly breach a similar law. However, these damages aren’t always awarded to the victim.
How Long Does a Personal Injury Case Take to Settle?
Again, there’s no straightforward answer to this question. It all boils down to the type and severity of the injury, the party’s involvement and the complexity of the case. Some lawsuits only take several weeks, while others can be headscratchers and take years to come to a judgment. This is yet another solid reason to ensure you have a lawyer by your side. You don’t know how the party at fault might respond and how long they may decide to fight the case. Fortunately, our lawyers work hard in these kinds of cases and will be there to ensure you are fairly compensated regardless of how long the case takes.
Contact an Elko Personal Injury Lawyer Today
Choosing to see help from a personal injury attorney can be intimidating, especially if it is your first time. You are not only suffering from pain and stress from the losses, but you are trying to figure out how to get back on your feet financially. You also need to ensure that you are hiring a lawyer who will ascertain that justice is served and that you get a settlement that you deserve.
Well, that’s at Nettles Morris make the process after your incident as streamlined as possible. As soon as you get in touch with us, we will strive to showcase that we work for your best interests and prove that you’ve made the right decision. We are honored to take on your case as an Elko resident. We are ideally transparent, and so, if we are unable to help, we will refer you to a professional who can.
Helping our clients is our top priority and we will utilize our resources to ensure you have a solid case. Whether you have sustained injury from a slip and fall, auto accident, medical malpractice or any other form of injury, know that we are here to help. Call us today at 702-410-6239!