If one party causes harm to another party in Nevada, the incident can lead to a personal injury claim, a civil suit for damages in which the injured party seeks compensation for the losses inflicted by the other party. Personal injury claims arise from acts of negligence or failure to use reasonable care, but it is also possible for personal injuries to result from intentional and illegal misconduct.
When you are struggling with the aftermath of another party’s negligence or misconduct, it’s vital to know the state’s personal injury laws and how they apply to your situation. Filing a personal injury case in Las Vegas or anywhere else in the state will likely be more complex than you may initially realize, and having legal representation on your side will make every stage of the process easier to manage.
Statute of Limitations on Personal Injury Claims
The first rule you must address when it comes to filing your personal injury claim is the statute of limitations or the time limit in which you must file your case. In the state, a personal injury claim must be brought against a defendant within two years of the date the injury occurred. If this sounds like more than enough time, remember that it is always advisable to begin your case proceedings quickly after your injury. This will preserve the reliability of any evidence you will need to firmly establish fault for your damages.
In the event that the direct cause of a personal injury is not immediately recognizable, the statute of limitations may “toll” or delay until the exact cause is determinable. Once the plaintiff discovers the cause of their injury, the discovery rule applies, and their statute of limitations begins on the date they discover what caused their personal injury. Ultimately, it is always advisable for the plaintiff to seek legal counsel after their initial recovery.
Filing Your Personal Injury Claim
A personal injury case begins once the plaintiff submits a complaint to the local court. In some cases, the victim may have initial recovery options that can provide valuable compensation prior to filing their complaint. So, if you were injured in a motor vehicle accident, you can likely file an auto insurance claim against the driver at fault for some initial compensation. However, if their insurance cannot compensate for all your losses, you will need to file a personal injury claim to recover the rest.
Any personal injury has the potential to generate many complex legal proceedings between the parties involved, and legal counsel is a valuable resource during any personal injury case. The attorneys at Easton & Easton provide responsive, client-focused legal counsel to victims of all types of personal injuries, and we are ready to apply our experience to your case.
Is There a Limit on Pain and Suffering Damages in Nevada Personal Injury Claims?
State law does not restrict or limit pain and suffering damages in personal injury claims, the single exception being medical malpractice cases. If your personal injury claim falls within the scope of medical malpractice, your non-economic damages are limited to $350,000. As long as your claim does not pertain to medical malpractice, there is no limit to how much pain and suffering compensation you can seek from the defendant who caused your injury.
How Do I Prove Negligence in a Personal Injury Case in Nevada?
The crux of personal injury claims filed is negligence, a legal term used to describe a failure to meet a specific duty of care or a failure to act with reasonable care in a given situation. To succeed with a personal injury claim focused on an act of negligence, the plaintiff must prove the defendant held some duty of care, violated that duty of care in some way, and consequently caused the plaintiff’s claimed damages. The plaintiff must be prepared to prove their claimed losses directly resulted from the defendant’s negligence and not some other cause.
How Do I Calculate Economic Damages in a Personal Injury Case?
State law allows a personal injury case plaintiff to seek compensation for the entire scope of economic damages they sustained because of the defendant’s actions. These often include property damage, medical expenses, and lost income. In addition, however, state law allows the plaintiff to seek compensation for both immediately recognizable economic damages as well as economic damages that have not yet been realized. So, if you were permanently disabled and cannot return to work because of the defendant’s actions, they are liable for whatever income you lose immediately following your accident as well as future lost wages that you otherwise would have been able to earn.
What Happens If I Partially Caused My Personal Injury in Nevada?
The state enforces the modified comparative negligence rule with a plaintiff fault threshold of 50%. This means a plaintiff may still recover compensation for their damages even if they share fault for the injury in question, but only as long as they are less than 50% at fault for the incident in question. If the plaintiff’s fault exceeds 50%, they cannot seek compensation from the defendant. However, if their fault is less than 50%, their fault percentage is deducted from their case award, and they can recover the remainder.
Do I Really Need to Hire an Attorney for a Nevada Personal Injury Claim?
You are not legally required to hire an attorney to represent you in your personal injury case, but having legal counsel you can trust is an invaluable asset for your impending case. Your attorney can guide you through all your case proceedings and uncover avenues of compensation you may not have known were available. Ultimately, you are not only more likely to win your case but also more likely to maximize your final case award with an attorney’s assistance.
The attorneys at Easton & Easton have the experience necessary to handle the toughest personal injury cases, and we have successfully represented many clients in Las Vegas and the surrounding communities. If you’re ready to learn how a seasoned personal injury attorney can empower your fight for recovery after another party has injured you, contact us and set up your consultation with our team today.