For more than 25 years, attorney Douglas Easton has earned Martindale-Hubbell’s highest AV Preeminent* peer review rating for ethical standards and legal ability.
Proving Liability for Your Personal Injury in North Las Vegas
The first step in any personal injury claim is proving how the injury occurred and identifying the party or parties responsible. When you select Easton & Easton as your legal representatives, we will immediately begin handling your case by gathering the evidence you will need to establish liability. Depending on the type of injury you suffered, the location of the incident, and whether more than one party bears fault, this process can potentially entail several types of evidence.
Physical evidence from the location where your personal injury happened, various types of digital records, and statements from witnesses who saw your accident happen in real time could all come into play in your personal injury case. The plaintiff needs to identify the defendant or defendants who caused their injury and prove they lacked reasonable care in the situation in question. Alternatively, they will need to prove the defendant broke state law in some way and consequently caused their injury.
Once your North Las Vegas personal injury attorney has helped you compile the foundation of your case, you can file your complaint with the civil court. This complaint must explain the nature of your injury, identify the party or parties you believe to be responsible, and list the total damages you are seeking to compensate you for your losses. At this point, the court will provide the defendant with the materials needed to file their response. If the defendant accepts liability, the case can be resolved in a settlement, and both parties can avoid the stress, time, and expense that litigation would require. If the defendant disputes any aspect of the complaint or denies liability for the personal injury, the case will need to be resolved at trial.
Claimable Damages in Your North Las Vegas Personal Injury Case
The purpose of any personal injury claim in North Las Vegas is for the victim of another party’s actions to recover the compensation they need to be as whole again as possible. Most personal injury claims involve economic and non-economic damages, the former being much easier to prove with the appropriate documentation.
Your North Las Vegas personal injury attorney will not only be a valuable asset when it comes to constructing your claim, identifying the parties responsible for the damages, and compiling your initial complaint but also for proving the full scope of the damages you can seek from the defendant. Under state law, a personal injury plaintiff has the right to seek repayment of:
- Healthcare expenses. If a plaintiff suffered physical injuries from a defendant’s actions, the defendant is liable for any and all medical expenses the plaintiff incurs to fully heal from their damages. This includes the medical treatment costs they incur immediately following their injury, such as bills for hospital care and ambulance fees, as well as any costs for long-term rehabilitative care. Your North Las Vegas personal injury attorney can help gather any and all documentation you will need to prove the full extent of the medical care you need due to the defendant’s actions.
- Lost income. Many personal injuries leave victims unable to work while they recover from their injuries. If this applies to your case, you can hold the defendant accountable for the income you were unable to earn while you recovered. You can also claim compensation for any vacation time you were compelled to use following the incident in question.
- Lost future earnings. Unfortunately, many personal injury victims are left with serious medical complications and disabilities from their experiences, preventing them from returning to work. If you were hurt so severely that you cannot resume your previous job and must take lower-paying work, or if you were rendered too disabled to work at all anymore, the defendant is responsible for the income you would have reasonably expected to have been able to earn if the injury has not occurred.
- Property damages. It’s possible that the defendant in your claim not only caused physical injuries but also damaged your personal property, such as your vehicle, your home, or other belongings. If you lost any property due to a defendant’s actions, your attorney could help hold them accountable for these losses.
Beyond these economic losses, a plaintiff may also claim financial compensation for the pain and suffering the defendant inflicted on them. State law only limits pain and suffering in personal injury claims for professional negligence, such as medical malpractice cases. If you suffered any other type of personal injury, there is no limit to how much you can claim in pain and suffering compensation.
Attorneys in North Las Vegas generally use two methods for calculating pain and suffering compensation for their clients. The first is the multiplier method, most commonly used for plaintiffs who have suffered serious injuries with long-term effects. The attorney multiplies their client’s total economic losses by a factor that represents the severity of their condition, usually one to five. The second method is the per diem calculation, most applicable to plaintiffs expected to fully recover in the short term. The attorney determines appropriate daily compensation for the plaintiff, and the plaintiff then receives compensation for every day they spend recovering.
Other factors can also come into play to change the final outcome of a personal injury suit. For example, if the defendant caused the injury through illegal misconduct, they are likely to face criminal prosecution. If convicted of a criminal offense, the judge handling their sentencing could include restitution to the victim as one of their penalties. If the defendant did not technically break the law, but their behavior exceeds the definition of standard negligence, the judge handling the personal injury case may award the plaintiff punitive damages.
Resolving Your Personal Injury Claim in North Las Vegas
Most of the personal injury cases that are filed in North Las Vegas each year end in settlement. As long as the parties involved in a case are willing to negotiate, they can both save time and money they would otherwise need to spend in litigation. However, if settlement is not possible for any reason, the case must proceed to trial, and the judge will have the final say on the outcome of the case.
When you select Easton & Easton as your legal representation in a North Las Vegas personal injury case, our goal is to help resolve your case as efficiently as possible and secure as much compensation as state law allows for your damages. We will strive to develop the most compelling initial complaint possible to encourage the defendant to settle, but if we cannot settle your claim for any reason, we are fully prepared to represent you in a trial.
Our firm has decades of professional experience handling a variety of personal injury claims in North Las Vegas and surrounding communities. We believe in client-focused legal counsel, meaning we take the time necessary to address each client’s individual needs. If you have the opportunity to claim compensation for your damages through insurance, we have confronted the major insurance carriers for past clients and know the tactics they often use to try to avoid liability. You can trust us to help streamline your insurance claim process, and when you must prepare a civil suit, we can handle all of the procedural aspects of your case so you can focus on your recovery with peace of mind.
Ultimately, every personal injury claim filed in North Las Vegas is unique, and every plaintiff will face different challenges as they seek fair compensation for their losses. When you select Easton & Easton as your legal representation, you are investing in decades of professional legal experience and a compassionate team of attorneys ready to provide the counsel and support you need in this challenging situation. You have a limited time in which to make a personal injury claim, so it’s important to reach out to trustworthy legal counsel as soon as possible after your injury.
Q: How Do You Choose a North Las Vegas Personal Injury Attorney?
A: It’s essential to find not only an experienced attorney to represent you but also one who has a strong professional record of handling cases similar to yours. Take time to research your local options and read reviews of potential attorneys from their past clients. Many personal injury firms offer free or low-cost initial consultations to prospective clients. A consultation is an ideal method of determining whether an attorney is right to handle your case.
Q: Why Should I Hire a North Las Vegas Personal Injury Attorney?
A: Although it is technically legal to make a personal injury claim on your own, and there is no requirement to hire legal representation, you are far more likely to succeed with your case when you have experienced legal counsel on your side. Your North Las Vegas personal injury attorney is not only able to manage the procedural side of your case on your behalf, but they may also uncover channels of recovery you did not realize were available to you. You are more likely to win your case and maximize your case award with their assistance.
Q: How Much Compensation Can I Claim for My Personal Injury in North Las Vegas?
A: If you can prove that another party is liable for your recent personal injury, you have the right to hold them accountable for any and all financial losses you incurred due to their negligence or intentional misconduct. You also have the right to seek pain and suffering compensation to reflect the severity of your experience and any long-term effects of the personal injury. Your North Las Vegas personal injury attorney can help assess the full potential value of your claim.
Q: What Happens if I’m Partially Responsible for My Personal Injury in North Las Vegas?
A: The state upholds a modified comparative negligence law with a plaintiff fault threshold of 50%. This means a plaintiff can still recover compensation for their damages in a personal injury claim as long as they are less than 50% at fault for the incident in question. Their fault percentage is subtracted from their final case award, so bearing 5% fault would mean losing 5% of the total damages won from the defendant. If the plaintiff is 50% or more at fault, they cannot claim compensation from the defendant.
Q: How Much Are Attorneys’ Fees for a North Las Vegas Personal Injury Attorney?
A: The attorneys at Easton & Easton make personal injury representation accessible to those who need it most with contingency fee billing. With this system, the client only pays a legal fee to their attorney after they win their case, and the fee paid is a percentage of the total amount recovered from the defendant. There are no upfront or ongoing legal fees, and the plaintiff does not pay a fee at all if their attorney does not win their case.
The attorneys at Easton & Easton have successfully represented many personal injury clients in a wide range of complex cases, and we are often able to exceed our clients’ expectations in terms of the compensation we can secure on their behalf. If you have been injured by another party’s actions in North Las Vegas, you need legal counsel you can trust to hold them appropriately accountable for your losses. If you are ready to learn how a North Las Vegas personal injury attorney can assist with your recovery efforts, contact us right away and set up a consultation with us.