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What Is a Personal Injury Case?

A personal injury case arises when someone is injured due to another party’s negligence or intentional actions. These cases seek to compensate victims for the harm they’ve suffered. Common examples of personal injury cases include:

To have a valid personal injury case, you must typically show that the other party had a duty to act responsibly, breached that duty, and caused your injuries as a result.

How Do I Start a Personal Injury Claim?

The first step in a personal injury claim is to report the incident to the relevant parties. For example, notify your employer if the injury happened at work or the property owner if it occurred on their premises. Next, seek medical attention to document your injuries. Then, gather evidence, such as photographs, witness statements, and any relevant reports.

Once you’ve taken these steps, you can contact the at-fault party’s insurance company to file a claim.

Many people choose to hire a personal injury lawyer to handle this process, as they can negotiate with insurers and ensure your rights are protected.

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How Long Do I Have To File a Personal Injury Lawsuit in Nevada?

Nevada has a statute of limitations that sets deadlines for filing personal injury lawsuits. Generally, you have two years from the date of the injury to file a claim.

However, some exceptions might apply. For example, if the injury involves a government entity, you may have a much shorter timeframe to act. Failing to file within the statute of limitations can result in losing your right to pursue compensation.

What Types of Damages Can I Receive?

Personal injury victims can recover two primary types of damages: economic and non-economic damages. Economic damages cover financial losses resulting from the injury, including:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Property damage
  • Out-of-pocket expenses, such as transportation to medical appointments

Non-economic damages address more subjective losses, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship or support

In rare cases, you may also be awarded punitive damages if the at-fault party’s actions were particularly reckless or intentional.

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How Is Comparative Fault Determined in Nevada?

Nevada follows a modified comparative negligence rule. This means you can recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.

For instance, if you are found 30% responsible for the accident and your damages total $100,000, you would receive $70,000. Because fault significantly impacts your claim, having a lawyer to gather evidence and present your case can be crucial.

Do I Need a Lawyer To File a Personal Injury Claim?

You are not legally required to hire a lawyer to file a personal injury claim. However, working with an experienced attorney often increases your chances of securing fair compensation.

A lawyer can help by:

Insurance companies often try to minimize payouts. An attorney can level the playing field and ensure your rights are protected.

Need Help Now? Talk to one of our attorneys for free today.

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How Long Does a Personal Injury Case Take?

The timeline for resolving a personal injury case varies based on several factors, including the complexity of the case, the severity of your injuries, and whether the claim settles or goes to trial. Many cases are resolved through settlement negotiations within a few months to a year.

However, if the case goes to court, it can take much longer. Your attorney can provide a more accurate estimate of how long your case might take based on the specifics of your situation.

What Mistakes Should I Avoid After an Accident?

After an accident, certain actions can jeopardize your claim. Avoid these common mistakes:

  • Delaying medical treatment: Prompt medical attention is essential for your health and your case.
  • Speaking with the insurance company without a lawyer: Insurers may use your statements against you.
  • Posting on social media: Sharing details about the accident or your injuries can be used to undermine your claim.
  • Accepting the first settlement offer: Early offers are often lower than what you deserve.

Being cautious and consulting with a lawyer can help you avoid these pitfalls.

How Much Is My Personal Injury Case Worth?

The value of your personal injury case depends on several factors, including:

  • The severity of your injuries
  • Medical expenses and future care needs
  • Lost wages and diminished earning capacity
  • The impact on your daily life and well-being
  • The strength of the evidence supporting your claim

While it’s impossible to predict an exact amount, an experienced personal injury lawyer can help you evaluate your case and demand fair compensation.

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Contact a Las Vegas Personal Injury Attorney for a Free Consultation

If you’ve been injured in an accident, you don’t have to navigate the legal process alone. An experienced Las Vegas personal injury attorney can guide you through each step, handle negotiations, and fight for the compensation you need and deserve.

Contact Cogburn-Davidson Car Accident & Personal Injury Lawyers today to schedule a free consultation. During this meeting, you can discuss your case, ask questions, and learn more about your options.

Let a trusted attorney handle the legal details so you can focus on your recovery. Keep in mind as well that most injury lawyers only get paid if they secure compensation for you.

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