Battle Born Injury Lawyers | June 18, 2024 | Personal Injury
You’ve seen the slogan before, no doubt: ‘What happens in Vegas, stays in Vegas.’ That isn’t true for a personal injury, however, and it’s a good thing it isn’t. When it comes to personal injury law, what happens in Vegas goes to the settlement table and (possibly) to court.
What to Do at the Scene of the Accident
Take photos of the scene of the accident unless you are too injured to do so. If you’re in a car accident, get the contact and insurance details of the at-fault driver. You should also get contact details for any witnesses to the accident. Report your accident to whoever is in authority, and ask them to generate a written report that you can refer to later. Most importantly, seek immediate medical attention if there is any possibility you might have suffered an injury.
What to Do After the Accident
Take the following steps, at the very minimum:
- Save your medical bills
- Obtain copies of your medical records
- Get a copy of the accident report
- Interview witnesses (your lawyer can handle this for you)
Your lawyer should be able to identify many other actions that you (or they) should take.
Keep Quiet on Social Media
Did you know that a court can admit your social media posts into evidence? Even the recipient of your emails can generally submit your emails as evidence. Because of attorney-client privilege, an exception would apply, for example, to an email you sent to your lawyer.
Legal Strategy: Premises Liability
You might base your personal injury claim on premises liability if you’re injured at an establishment, such as a casino. If you were a guest or an employee, the owner of the premises owes you the duty to keep their premises reasonably safe for you. They must regularly inspect their premises, maintain them in accordance with state and local regulatory standards, and either repair or warn of any dangerous conditions.
If you are injured due to a dangerous condition in a Las Vegas strip establishment, you need to determine whether the condition was unreasonably dangerous. If you slipped and fell in a puddle of beer that was spilled 30 seconds previously, the establishment probably does not bear negligence liability. If it had been there for half an hour, it probably does.
Legal Strategy: Employer Liability
In every US state, including Nevada, you can hold an employer liable for harm done by their employees’ wrongful acts during their duties. That’s your advantage–you can sue a casino, for example, instead of a minimum-wage employee. Actually, you can sue both of them, but plaintiffs generally don’t bother suing employees.
Danger: Comparative Fault
If you were partly at fault for the accident, Nevada’s doctrine of comparative negligence will apply. If you were up to 50% at fault, you would lose that exact percentage of your damages. If you were more than 50% at fault, you will lose all your damages, and you might even have to pay the other party. A classic example is slipping and falling on a wet floor while intoxicated.
Damages
To the extent that you actually suffered corresponding losses, you may qualify for the following damages:
- Economic damages: Medical bills and lost earnings usually make up most of the economic damages, but you can also claim out-of-pocket expenses.
- Non-economic damages: Non-economic damages are psychological in nature–pain and suffering, for example. Even damages for ‘disfigurement’ compensate you for the psychological and social consequences of disfigurement, not the medical consequences. Non-economic damages frequently add up to far more than economic damages.
- Punitive damages: Punitive damages are the exception, not the rule, even when you qualify for economic and non-economic damages. Courts award them to punish a defendant for outrageous conduct. You might receive punitive damages, for example, if a security guard beats you to throw you out of a casino for winning too much money.
A personal injury attorney can help you evaluate the full extent of your damages.
The Statute of Limitations
In Nevada, you must usually file a lawsuit or finalize a settlement within two years of the date of your injury.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers If You Were Injured at the Las Vegas Strip
If you’ve been injured on the Las Vegas Strip, your chances of obtaining fair compensation are closely related to the quality of your lawyer. It’s important to involve a lawyer early on rather than waiting until a crisis erupts. Most personal injury lawyers offer free initial consultations and no upfront fees.
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
