Battle Born Injury Lawyers | May 26, 2024 | Personal Injury
When another party negligently or intentionally causes you harm or injury in Henderson, Nevada, you can sue them for damages. However, only a small number of personal injury cases result in trials. Most injury claims are settled out-of-court.
If you are waiting on a settlement check in Henderson, NV, or were injured in an accident, you may have questions about the process and timeline. Below are answers to common questions about settlement checks.
What Types of Personal Injuries Can Result in a Settlement Check?
A personal injury is a physical and/or emotional ailment you sustain because of the conduct of another party. In addition to the physical and emotional injuries, you may also incur financial losses.
Any personal injury case could end in a settlement. Common personal injury claims that could result in a settlement check include, but are not limited to:
- Car accidents and other motor vehicle wrecks
- Slip and fall accidents and other premises liability claims
- Medical malpractice claims
- Nursing home abuse
- Product liability claims (defective products)
- Wrongful death
- Construction and workplace accidents
- Dog bites and animal attacks
- Bicycles and pedestrian accidents
- Boating accidents
Before receiving compensation for your economic and non-economic damages, you must prove the other party caused your injuries. That requires proving the elements of negligence or other claim.
What Is a Legal Settlement for a Personal Injury Case in Henderson, NV?
A legal settlement is an agreement between parties to resolve a dispute. Typically, the party who caused your injury nor the insurance provider admits liability. Instead, they agree to pay a sum of money for you to release the claim.
Steps in the Process of Receiving a Settlement Check in Henderson, NV
Each personal injury claim is unique. Therefore, the steps in the process of receiving a settlement check may vary. However, most personal injury cases involve the following stages in one form or another:
- Injury or accident occurs
- Seeking medical treatment and care
- Meeting with a Henderson personal injury lawyer for a free consultation
- Attorney’s investigation of the claim to gather evidence
- Work with expert witnesses, if necessary
- File insurance claims
- Document damages
- Complete medical treatment and receive a prognosis
- Prepare and send a settlement demand letter to the insurance company
- Negotiate and accept a settlement offer
Most personal injury cases are settled through negotiations with the other party or their insurance provider. Settlement negotiations could take several weeks or months, depending on the complexity of the case and how far apart the parties are from the value of the case.
Should I Accept a Settlement Offer for My Personal Injury Case in Nevada?
Whether to accept a settlement offer depends on many factors. A Henderson personal injury lawyer can help you weigh your options to determine if the settlement offer is fair. Going to court could be tricky, especially if there are elements of your case that could hurt your chances of winning. You never know what a jury in a civil court case might decide.
Therefore, accepting a settlement for a slightly lower amount might be in your best interest. Also, settlements are generally a faster and less expensive way to resolve a personal injury claim.
Insurance companies routinely undervalue damages to avoid paying the full value of a personal injury claim. Always check with a lawyer to ensure the amount offered is fair, given your case’s facts.
Signing a Settlement Agreement and Receiving a Check
Even though you agree to a settlement, it does not mean you will leave the lawyer’s office that day with a check. All parties must agree to the settlement terms by signing a written settlement agreement.
Beware of signing a settlement agreement without a lawyer’s advice. A settlement agreement is a legally enforceable contract that ends your personal injury claim. When you sign the agreement, you give up the right to file a lawsuit or pursue other claims related to this incident.
After all parties have finalized and signed the agreement, the insurance company sends a check to your attorney. The attorney must pay outstanding medical liens and subrogation claims from the proceeds. However, an experienced Nevada personal injury lawyer will try to negotiate the payoffs to increase the net proceeds you receive.
The last deduction is for the attorney’s fees and costs. Most Henderson personal injury lawyers take cases for a contingency fee, which is a percentage of the amount recovered for the case. The net proceeds are paid to you.
Do You Have a Personal Injury Claim in Henderson, NV?
The best way to know is to ask an attorney. Personal injury lawyers in Henderson offer free consultations so you can get answers to your questions and learn about your legal options.
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.
Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868
Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768
Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287