Battle Born Injury Lawyers | March 20, 2023 | Personal Injury
Have you been injured in an accident in Las Vegas, NV? Did you slip and fall at a casino or resort? Did a motorist run a red light and cause a car accident?
If another party caused your injury, you could be entitled to compensation for your damages. However, how do you begin the personal injury process? What is the first step for filing a personal injury claim?
This step-by-step guide explains how to file a personal injury claim in Las Vegas. It also provides tips for protecting your right to fair compensation for your injuries and damages.
Steps for Filing a Personal Injury Claim in Las Vegas, NV
It is important to remember that each personal injury case is unique. This guide provides an introduction to steps that are common in many cases. However, if you have questions or are unsure what to do after an accident or personal injury, scheduling a free consultation with a Las Vegas personal injury lawyer can help you avoid mistakes that could hurt your case.
Step One: Seek Immediate Medical Treatment for Injuries
You have the burden of proving that the accident caused your injury. Therefore, you need medical records to document your injuries. Prompt medical treatment helps to prove the link between the accident and your injuries.
If you wait too long to see a doctor, the insurance company could dispute your claim. The company might allege that the accident did not cause your injuries.
Additionally, the company could argue that your damages are more significant than they would have been if you had sought immediate medical treatment. Therefore, you are not entitled to compensation for all damages because you neglected your duty to mitigate damages.
Step Two: Gather Evidence
As the injured party, you must prove that the other person caused your injury.
The legal elements of a negligence claim are:
- The other party owed you a legal duty of care
- The party breached their duty by failing to use reasonable care to avoid causing harm to another person
- The party’s conduct was the direct and proximate cause of your injury
- You sustained damages because of the accident
Evidence in a personal injury case can include photographs, videos, and physical evidence from the accident scene, as well as statements made by the parties and eyewitnesses. Medical records, accident reports, and expert testimony are also used to prove a personal injury case.
Step Three: Consider Hiring a Las Vegas Personal Injury Lawyer
Insurance companies are not on your side. Instead, they try to avoid liability for claims. Therefore, you need someone on your side who understands personal injury law and how to prove the legal elements to win the case.
An attorney will handle all matters related to your injury claim, including investigating the cause of your accident and gathering evidence. A Las Vegas personal injury law firm has the resources to fight the insurance company for a fair settlement.
Step Four: File an Insurance Claim
If you have not already done so, you must file an insurance claim with the other party’s insurance provider. Most insurance companies accept claims online or by telephone. However, if you hire an accident attorney, your lawyer will handle all matters related to an insurance claim.
Beware! Talking to an insurance adjuster or company representative without legal counsel can hurt your case. Insurance adjusters do not work for you. They are not trying to offer you a fair settlement.
Instead, an insurance adjuster gathers evidence the company can use to lower the value of your claim or deny it. Therefore, be cautious when talking to the insurance company. Do not agree to provide a written statement or consent to your conversation being recorded.
Step Five: Complete Medical Treatment
You might receive less money for your injury claim if you settle your case before your doctor releases you from treatment. Typically, a doctor releases a patient when they reach maximum medical improvement or MMI. At this point in your recovery, you have healed as much from your injuries as possible.
For some individuals, MMI is a complete recovery. However, some accident victims do not recover fully. They sustain permanent impairments and disabilities.
An insurance company might pressure you to settle your case before you complete medical treatment. However, you will not know your total damages until your doctor releases you from care.
One thing to remember is the statute of limitations for personal injury claims. You must file a lawsuit before the deadline set by the Nevada Revised Statutes, or you’ll give up your right to pursue a legal claim. If you sustained severe injuries that require extensive medical treatment, it is best to talk with an attorney as soon as possible to avoid missing a filing deadline.
Step Six: Prepare a Settlement Demand Letter
A settlement demand letter explains the facts of the case and the legal reasons why the other party is responsible for your damages. The letter includes a detailed description of your injuries and damages.
The demand letter includes an amount you will accept to settle your personal injury claim. Generally, an attorney asks for more than you are willing to accept to leave room for settlement negotiations.
Step Seven: Negotiate a Settlement Agreement
The insurance company might accept your settlement offer and pay you the amount you requested. However, it could also deny the claim or make a counteroffer.
In many cases, the insurance company makes a counteroffer for a lower amount. You can accept the offer or negotiate for a higher amount. Most personal injury cases are resolved through settlement negotiations.
Step Eight: File a Personal Injury Lawsuit
If the insurance company denies your claim or will not agree to a fair settlement amount, you will need to file a personal injury lawsuit to take the matter to court. Knowing when and how to file a personal injury lawsuit requires knowledge of the law governing accident claims. Therefore, seeking legal advice is in your best interest before taking further steps if you are in this situation.
When Should You File a Personal Injury Claim in Las Vegas?
If another party intentionally or negligently caused your injury, you probably should file a personal injury claim. However, if you are unfamiliar with personal injury laws, damages, and how to calculate how much your case is worth, consult an attorney as soon as possible.
Some personal injury cases do not require help from a lawyer. Instead, the victim can file a claim and settle the dispute with the insurance provider or at-fault party.
A Las Vegas personal injury attorney will tell you if they do not believe you need to hire a lawyer. However, in most cases, hiring an accident attorney after an injury gives you a better chance of receiving the compensation you deserve.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.