Personal injury occurs when a person suffers an injury (physical, mental, emotional) or damage to property due to the carelessness or negligence of others. Due to the nature of the accident, an injured person may feel the need to hire a personal injury attorney to file personal injury claims to get some compensation.
The compensation may include fees like medical bills and damage to properties as it is in the case of a slip and fall accident or a car accident. It is important to note, however, that different states have specific rules that guide the ruling personal injury.
Additionally, there are several ways by which personal injury can occur. However, one fact that remains the same is that personal injury attorneys must defend cases according to the laws of the state where the injury occurred. For instance, a personal injury lawyer Las Vegas must treat a case according to Nevada state laws.
According to the data presented by the US Bureau of Labor Statistics in 2019, the state of Nevada is higher than the national average for occupational injuries. Transportation incidents were 5% more than the national average (45%), slip and fall accidents were 6% more than the national average (17%) while other injuries by people and pets were (1%) more than the national average (16%).
Other important details to know about personal injury claims in Las Vegas include:
An Injury Does Not Automatically Mean Actionable Claim
For an injury to qualify as an actionable claim, you must prove that the accused had a duty to keep you safe and that they breached that agreement. For instance, if a person suffers a blow to the head from a falling rock while visiting a construction site, they must prove that the property owner had a duty to keep visitors safe. One that they neglected by failing to put up signs that would’ve warned visitors to wear hard hats.
You Have Limited Time to File Your Claim
The time allowed before it becomes impossible to pursue a case is called the statute of limitation. The statute of limitation for personal injury varies, depending on the state you’re in. Most states allow three years before the statute of limitation runs out. However, Nevada allows two years, and the countdown usually begins from the day the accident/injury occurs.
Most Personal Injury Claims Don’t Go to Trial
Due to the relatively straightforward nature of personal injury cases, both parties often end up settling out of court. When the injured party’s lawyer files a claim with clear evidence of their client’s injuries and the at-fault party’s negligence, the guilty party usually agrees to negotiate appropriate compensation for the damages caused without going to trial.
The injured party, however, gets to decide whether or not the compensation is acceptable.
An Injury Claim Against The Government is Possible
Although the procedure involves a different approach compared to claims against private parties, some of the rules guiding injury claims in Nevada still apply such as the 2-year statute of limitations. However, you must first file your claim with the state office of the attorney general.
Nevada’s Modified Comparative Negligence Rule
This simply means that you can file personal injury claims even if you are partially to blame for the accident. The faults are measured in percentage and as long as yours does not exceed 50%, you remain eligible to receive compensation for your injuries. However, the higher your fault, the lower your compensation.