People incur injuries due to someone else’s negligence or wrongdoing in Henderson, NV, all the time. Many of them come to our office seeking the help of a personal injury lawyer. Sometimes, it is a car accident on the Bruce Woodbury Beltway. Other times, it is a slip and fall in one of the local malls and casinos. Defective products and equipment lead to injuries as well. So do boat accidents on Lake Mead and ATV or playground accidents in the Cowabunga Bay Park.
This goes to show that personal injury cases can be of several types. We will review the most common of them in the following lines.
Types of Cases a Henderson Personal Injury Lawyer May Handle
Personal injury cases are those in which one person gets hurt because of another person’s actions. These actions can be negligent or intentional. When they occur and they result in injuries, the victim has the right to seek compensation.
They can do it on their own or with the help of a Henderson personal injury lawyer. They can claim if from the party at fault or from their insurer. According to the circumstances in which the injuries occurred, personal injury cases can be of several types:
1. Traffic Accidents
They include car accidents, bike, motorcycle wrecks, truck accidents, bus, pedestrian accidents, and boat accidents. When they occur, the defendant is usually another traffic participant. In rare cases, they can be a government agency, a transport company, or the road maintenance and repairs company.
Usually, a personal injury attorney handling such a case will focus on proving that the defendant violated traffic laws. When possible, they will seek compensation from the latter’s insurance company. If the other party is uninsured, it is possible to sue them in civil court. Another option would be for the claimant to seek compensation from their own insurer.
2. Medical Malpractice
These cases refer to situations when healthcare providers make mistakes that result in patient injuries. When filing the notice of claim, the personal injury attorney will have to include an expert’s affidavit. It is a report from another healthcare provider identifying the mistakes of the defendant.
The consequences of medical malpractice can be devastating. However, Nevada laws cap the compensations for pain and suffering at 350,000. This limit applies to any non-economic damages. It takes a Henderson personal injury lawyer with experience in medical malpractice to obtain a higher compensation.
3. Slip-and-Fall Cases
Very common, especially in winter, slip and fall cases are frequent in supermarkets, at business premises, and on private properties. Their outcome will depend on the status of the claimant on the property and on the circumstances of their injuries.
If they are visitors, the property owner or manager owes them a duty of care. Licensees can only claim compensation if the harm was intentional. Trespassers will have to prove the existence of attractive nuisances to stand a chance.
The defendant may be the business owner, their tenant, the building manager, or a service provider. Proving their liability will not be easy. Claimants should not try it without the help of an experienced Henderson personal injury lawyer.
4. Defamation: Libel and Slander
These cases involve injury to reputation through untrue statements. While circumstances may vary from case to case, the claimant will have to prove that:
- The defendant made an untrue negative statement about them
- Their negative statements led to actual harm and financial losses.
When the claimant is a celebrity, they will need evidence of “actual malice.” It means proving that the defendant made the untrue statement intentionally or recklessly disregarding the truth. Proving injury to reputation is not easy since these injuries are not physical or subject to medical reports. That is why they require the experience and skills of a Henderson personal injury attorney.
5. Dog Bites
Dog bite cases are tricky. On one hand, Nevada adheres to the one-bite rule. This means that dog owners are only liable for their pet’s actions if they had reason to suspect they would occur. The claimant will have to prove that the dog displayed aggressive tendencies or inflicted injuries before.
An important aspect is the place where the bite occurred. If the claimant was trespassing or ignored the warning signs, they may not obtain compensation. The same will happen if they somehow provoked the dog or harmed it in the past.
For all these reasons and more, dog bite victims should consult a Henderson personal injury lawyer. The later will review their case, explain their options, and guide their steps. If the claimant agrees, they will investigate the dog and the owner for evidence of past aggression or law violations.
6. Assault, Battery, or Other Intentional Torts
Not all personal injury cases are the result of someone’s negligence. Sometimes, the perpetrator harms the claimant intentionally. Cases involving willful actions fall into this category. The perpetrator often faces criminal charges as well. Additionally, their victim can seek compensation for their injuries in civil court.
Those who decide to take this step should first consult a personal injury attorney in Henderson. They need to make sure the defendant has the means to pay the compensation. Also, court trials are not easy. They involve challenging formalities and they require solid evidence.
7. Wrongful Death
When serious injuries lead to the victim’s death, others can seek compensation on their behalf. Thus, depending on the case circumstances, the claimant can be:
- The deceased’s spouse and/or children
- The deceased’s parents, if there are no surviving spouse and children
- Other relatives, if they can prove they depended on the deceased
- The deceased’s estate representative
Compared to typical personal injury cases, wrongful death claims can include the following losses:
- Any losses and expenses of the deceased
- Losses and expenses the family incurred due to their loved one’s death
- Losses on behalf of the deceased’s estate.
The best person to assess and justify these losses is an experienced Henderson personal injury lawyer. The latter can help the family obtain a fair compensation for their loss and move on with their lives.
Besides the ones discussed above, other cases may qualify as personal injury as well. No matter the details, obtaining compensation is much easier when working with a personal injury attorney. The latter will take over all the hassles and s job to protect their clients’ interests.
If you have not discussed your case with a Henderson personal injury lawyer, you should, as soon as possible. Nevada laws set strict time limits for personal injury actions. If you do not act on time, you may lose your right to compensation.
Nevada Statute of Limitations – When to Contact a Personal Injury Attorney
According to Nevada Statutes Section 11.190, the deadline for filing a personal injury lawsuit is of two years. The clock starts ticking on the day of the injury. After this period, the court will most likely dismiss the case. Insurers will deny late claims as well.
However, there are a few situations in which an experienced personal injury lawyer may obtain a time extension. One of them refers to injuries discovered later. If the claimant can prove that is the case, the two years deadline starts flowing on the day of the discovery.
Another exception refers to victims whose injuries leave them incapacitated, unable to defend their right. For them, the two years deadline starts running on the day when they recover from their disability. Of course, they will need a skilled and dedicated personal injury attorney to prove their condition.
Finally, underage victims can benefit from a time extension as well. They can take action within two years from becoming of age. Of course, their parents may choose to seek compensation on their behalf sooner. They would have to do it within two years from injury date.
Two years may seem like a lot of time. However, the victims should contact a Henderson personal injury lawyer much sooner. Both civil lawsuits and insurance claims require solid evidence and following specific procedures. All these take time.
The Henderson personal injury attorney taking over the case may need to conduct further investigations. They may need to locate witnesses and subpoena third-parties to supply various records. Investigating case precedents and obtaining expert testimonies takes time as well. It is better to have them start early and take their time fighting for as fair compensation.
The compensation amount will depend on several factors:
- The severity of the injuries and the related losses the claimant incurred
- The circumstances in which the injury occurred and the liability of the defendant
- The clarity and consistency of the available evidence
- The experience, skills, and dedication of the personal injury attorney handling the case.
Types of Losses a Personal Injury Lawyer May Recover for Their Clients
Depending on their case circumstances, claimants may seek compensation for any or all of the following:
- Medical expenses, like hospital bills, treatment cost, medical devices, and interventions
- Physical or occupational therapy
- Long-term care and disability adjustment expenses
- Lost income due to time off work
- Lost earning capacity
- Injury to reputation
- Physical and emotional pain and suffering like scarring or facial disfigurement
- Loss of ability to enjoy life (hobbies, consortium, etc.)
- Punitive damages if the injuries were the result of intentional wrongdoings
- Funeral costs if the injuries result in death
Obviously, even a Henderson personal injury lawyer may have a hard anticipating the value of the compensation. However, their contribution to the case will play an important part in the compensation amount. Their work does not end with proving their clients’ injuries and losses. They also have to prove the defendant’s liability and their clients’ innocence.
Liability, Negligence, Comparative Fault and the Role of the Personal Injury Attorney
In Henderson, most accidents have negligence as the main cause. People disregard basic safety rules or obligations and their actions cause injuries to others. Obviously, their victims have the right to seek compensation for their losses. In order to obtain it, they will need to prove the defendant’s liability. This usually means proving three main aspects:
- The defendant owed the claimant a duty of care
- They breached their duty of care and their unreasonable behavior harmed the claimant
- The claimant incurred injuries and related losses than justify the requested compensation
However, not all cases are black or white, and sometimes, the fault does not belong to only one party. Nevada laws accept the possibility for the claimant to be at fault as well. Such cases fall under the comparative fault rule.
According to it, each party answers for a share of the damages equal to their share of fault. Thus, someone 35% at fault for their injuries can only recover 75% of the losses they incurred. Those whose share of fault exceeds 51% lose their right to compensation. Under the circumstances, it is obvious that all defendants will try to blame the claimant.
For the claimant, the best solution to defend their interests is to work with a Henderson personal injury attorney. The latter will know how to prove the defendant’s liability and their client’s innocence. They will also find conclusive evidence for their client’s losses and suffering.
Get in Touch with a Personal Injury Lawyer in Henderson, NV, Now!
Did you or someone you love incurred injuries due to another person’s actions? The law gives you the right to seek compensation for your losses. A Henderson personal injury attorney can help you protect that right. You can find reliable, experienced, and dedicated lawyers at Nettles & Morris.
We have handled hundreds of personal injury cases and helped their victims recover their losses. We are ready to help you too. If you give us a chance, we will do that by:
- Offering you FREE case evaluation
- Explaining Nevada laws and court rules and procedures to you
- Taking over the paperwork and other formalities
- Conducting investigations and gathering the necessary evidence
- Representing you in court or during negotiations with insurance companies
- Negotiating a favorable settlement for you
- Appealing the court’s verdict or the insurer’s decision (if necessary, but we do not usually need an appeal)
To start benefiting from our help, call our office at (702) 710-9964 and schedule a free consultation! Our Henderson personal injury lawyer will guide your steps to a fair and consistent compensation.