Benefits of Legal Counsel in Your Slip-and-Fall Injury Case
While you may not be legally required to hire legal counsel to assist you with a slip-and-fall injury claim in Las Vegas, doing so provides several important benefits. First, you will not be forced to meet strict procedural deadlines and manage other complex filing requirements on your own while you are struggling with your medical needs. Instead, your attorney can manage your case proceedings on your behalf so you can focus on recovery. Second, you will not face the risk of unintentionally settling for less than you rightfully deserve. Your legal team will know how to uncover every channel of compensation that could be available to you, enhancing your recovery to the fullest extent possible under state law.
You are more likely to win your case and more likely to maximize your final case award with the right attorney’s assistance. Additionally, you will have responsive legal support readily available to address your concerns and answer your questions as they arise throughout your proceedings. Ultimately, hiring a Las Vegas slip-and-fall accident attorney to represent you makes every aspect of your case easier to manage and more likely to yield positive results.
When you choose Easton & Easton to represent you in a slip-and-fall injury claim, we will set to work immediately reviewing the details of how your slip and fall occurred. To assert liability in a Las Vegas premises liability claim, you must be ready to prove several facts that support your case. You must also prove the full extent of the damages you suffered, and you will need to produce the appropriate documentation to secure maximum recovery from your losses. Whatever your slip-and-fall injury case entails, you can rest assured that our team will do everything we can to guide you through every stage of your recovery efforts.
How to Prove Liability for a Slip and Fall Injury Claim
Nevada law upholds strict rules for asserting fault for premises liability claims. There are several facts you must prove to hold a property owner accountable for the slip-and-fall injury you recently suffered:
- You were legally present on the property where your slip-and-fall injury occurred. The state’s premises liability laws do not protect intruders or trespassers. Only invitees and licensees have grounds to file premises liability claims. An invitee is someone invited onto private property for the property owner’s purposes, such as a personal guest or a customer of a privately owned business establishment. A licensee is someone with permission to enter private property for their own purposes, such as a salesperson, mail carrier, or public utility worker.
- A dangerous condition existed on the property. You cannot file a premises liability claim for a slip-and-fall injury you suffered because of your own carelessness, inattention, or simple clumsiness. Instead, you must prove that a specific hazard caused your slip and fall, such as an unmarked wet floor, damaged floorboards, broken staircase, or broken light fixture that hampered visibility.
- The property owner knew about the dangerous condition. All private property owners are legally required to ensure their properties are safe and free from foreseeable safety hazards to lawful guests and visitors. Therefore, the property owner must have known, or you must prove they reasonably should have known, about the hazard in question that caused your injury.
- The hazard in question caused your claimed damages. You must be ready to prove that you suffered actual harm from the incident in question, and you must also prove that your claimed damages directly resulted from the defendant’s failure to address a known safety issue on their property.
If you are unsure how to gather the evidence needed to prove liability for your recent slip and fall, it’s vital to consult an experienced Las Vegas slip-and-fall accident attorney as soon as possible. Your legal team may seek copies of security camera footage from the place where your injury occurred; they can also gather other evidence to help you assert the facts of your case.
Claimable Damages in a Premises Liability Suit
When you have proven fault for your injury after your slip and fall in Las Vegas, the next step of your case is proving the full extent of the damages you suffered because of the defendant’s negligence. Under state law, the plaintiff in any personal injury claim has the right to hold the defendant accountable for:
- Medical treatment costs. You have the right to seek full repayment of the medical expenses you incur following your accident. A slip and fall can easily cause a host of injuries such as traumatic brain injury, spinal cord injury, facial damage, broken bones, and internal organ injuries. Your attorney can help you gather the documentation needed to hold the defendant accountable for all of the medical expenses you incur from your slip-and-fall injury.
- Long-term health care expenses. Some slip-and-fall injuries result in long-term or permanent harm to the victim. Therefore, if you face any ongoing medical expenses from your injury, the defendant is liable for these future treatment costs as well. This includes ongoing rehabilitation, future surgeries, and other restorative treatments you will require in the future.
- Lost wages. Many slip-and-fall accidents result in injuries that prevent victims from working while they recover. If you are unable to work during your recovery, the defendant responsible for your injury is liable for the income you cannot earn during this time.
- Diminished earning capacity. Unfortunately, some slip-and-fall injuries are so severe that victims develop permanent disabilities. Some of these disabilities may prevent them from returning to their previous jobs, forcing them to accept lower-paying work. Other victims are left completely unable to work at all due to the severity of the medical conditions they develop. If your slip and fall resulted in any permanent loss of earning capacity, an experienced Las Vegas slip-and-fall accident attorney can help you hold the defendant accountable for the future income you are no longer able to earn.
- Property losses. If you lost any personal belongings in the accident, such as your smartphone, jewelry, or other personal effects, you could hold the defendant accountable for replacing these items.
- Pain and suffering. Nevada law allows the plaintiff in a personal injury case to seek compensation for non-economic damages, specifically the physical pain and psychological suffering they experienced from the injury in question. This may seem difficult to quantify in monetary value, but your Las Vegas slip-and-fall accident attorney can help you determine a reasonable figure.
In addition to these damages, a plaintiff’s recovery can also fluctuate positively or negatively based on the specific details of the case.
For example, the plaintiff may receive additional compensation in the form of punitive damages. If the judge overseeing their case determines that the defendant was egregiously negligent or any illegal activity contributed to causing the slip and fall in question, they may award the plaintiff punitive damages. These cannot be sought directly by the plaintiff and may only be awarded at the judge’s discretion.
Alternatively, shared fault on part of the plaintiff will diminish their case award. The state enforces a comparative negligence law, so any plaintiff fault will result in a loss of compensation. The amount the plaintiff loses depends on how much fault they bear for causing the damages in question, and the defendant must be found more at fault than the plaintiff for the case to proceed.
What to Expect in Your Premises Liability Case
The attorneys at Easton & Easton are ready to provide the comprehensive legal support you need to approach your slip-and-fall accident case with confidence. State law enforces a two-year statute of limitations on personal injury claims, and this applies to premises liability cases as well. This means you must file your claim against the defendant within two years of your injury. Therefore, it is always advisable to start the process as soon as possible. This preserves the freshness of evidence and the reliability of any witness testimony that may prove vital to your case.
Most personal injury claims end with privately settled agreements between the parties involved. For example, if you are filing a civil suit against a private property owner in Las Vegas, they will likely seek to settle the case as quickly and as quietly as possible once their fault is made clear. As long as all parties involved in the case are willing to negotiate and compromise, it may not take very long to resolve your premises liability claim. However, if your case cannot be settled for any reason or if the defendant refuses to settle, you need to prepare for intense litigation.
During settlement negotiations, the parties involved will strive to reach a mutually acceptable solution to the claim. Both parties may need to give ground for settlement to work. For example, the plaintiff can receive compensation more quickly if they are willing to settle for slightly less than they could potentially win at trial, and the defendant may be able to put the situation behind them sooner if they are willing to offer more compensation than they likely would prefer.
When a premises liability suit or any other civil claim goes to litigation, it can take several months to resolve. Additionally, the final outcome rests entirely in the hands of the judge overseeing the case. Therefore, neither the plaintiff nor the defendant should assume they will get a better outcome through trial and/or that the judge will see things their way. Ultimately, settlement is the preferable option for resolving any personal injury case for all parties involved, but you should prepare for the possibility of resolving your case in court. Easton & Easton will seek a swift settlement on your behalf if possible, but we are fully prepared to represent you in court if necessary.
Q: What Happens if I’m Found Partially Liable for a Slip-and-Fall Injury in Las Vegas?
A: Nevada enforces a modified comparative fault rule, meaning a plaintiff who is found partially responsible for causing their civil damages in any personal injury claim can still recover compensation from the defendant. However, the plaintiff must be less than 50% at fault, otherwise they lose the right to claim damages. The plaintiff’s fault percentage, if less than 50%, will be deducted from their final case award. For example, bearing 10% fault means you will lose 10% of your total case award.
Q: Do I Really Need to Hire a Las Vegas Slip-and-Fall Accident Attorney?
A: Technically, no, you are not legally required to hire an attorney to represent you in a slip-and-fall injury claim in Las Vegas. However, legal counsel you can trust is an invaluable asset for any personal injury claim. If you know a private property owner is liable for your slip and fall, you will need experienced legal counsel to help you firmly establish fault. This is especially true if your injury occurred in a hotel, casino, or other tourist attraction in the area as the owners of these properties typically invest very heavily into in-house legal representation.
Q: How Much Compensation Can I Receive for a Slip-and-Fall Injury Claim?
A: The total potential value of any slip-and-fall injury case in Las Vegas hinges on the severity of your injuries. You likely have grounds to seek compensation for medical expenses and lost income resulting from the incident. However, this includes long-term damages such as ongoing medical treatment costs for severe injuries and lost future earning capacity if you are left permanently disabled by your accident. You also have the right to claim pain and suffering compensation which can enhance your recovery even further.
Q: How Much Can I Claim in Pain and Suffering Compensation?
A: State law does not limit pain and suffering compensation for most personal injury claims, so there is no cap on the amount of compensation you can seek for the pain and suffering you endured. Your attorney might seek a large lump sum if your injury resulted in a permanent disability, and if you are expected to make a full recovery in the near future they could seek a per diem settlement instead. This would award pain and suffering compensation for each day you spend recovering from your injury until you reach maximum medical improvement.
Q: How Much Does It Cost to Hire a Las Vegas Slip-and-Fall Accident Attorney?
A: It’s understandable to worry about the potential cost of your legal representation when you must file a premises liability claim in Las Vegas. Easton & Easton makes legal counsel accessible when you need it most with contingency fee billing. With a contingency agreement, you do not pay anything up front for our firm’s representation, nor do we require ongoing legal fees throughout your proceedings. Instead, you pay a percentage of the total compensation we secure on your behalf at the end of your case. If for any reason we cannot obtain a recovery for your damages, you pay nothing.
The attorneys at Easton & Easton have years of professional experience in personal injury law, and our firm has successfully represented many slip-and-fall injury claims on behalf of Las Vegas clients. Whatever your individual case entails, you can rest assured that our team will provide the comprehensive legal representation you need to approach the case with confidence. If you are ready to learn how a Las Vegas slip-and-fall accident attorney can empower your recovery efforts, contact us today and schedule a consultation with our team.