When someone injures you through their own misconduct, you shouldn’t have to bear the burden of your injuries. The problem is that once an injury happens, you cannot undo it. Nevada personal injury law can solve this problem by awarding you compensation in the form of monetary damages.
However, this money won’t come to you automatically – you must aggressively pursue it through the Nevada personal injury claim process. Following is a list of cases that Las Vegas personal injury lawyers frequently handle.
Motor Vehicle Accidents
Most motor vehicle accident claims settle out of court with an insurance company. A small percentage goes to trial.
Catastrophic injuries can arise from any of the injuries listed here—a motorcycle accident, a dog bite, medical malpractice, etc. What sets catastrophic injuries apart from others is their long-term nature and effect on your quality of life. Many of them are permanent.
How do you calculate damages when the victim will need continuing medical treatment for the rest of their life? In many cases, the lawyer will need to hire an expert to estimate future losses.
A wrongful death claim arises when someone dies due to an injury caused by someone else. Nevada law allows the personal representative (executor) and close relatives to file a wrongful death lawsuit seeking monetary damages. A court will divide damages among eligible recipients and repay the estate for expenses it paid (funeral expenses, for example).
Nevada operates under a “one-bite rule,” meaning you must prove that the owner knew or should’ve known that their dog would bite for strict liability to apply. If the dog has never bitten anyone before or shown vicious or dangerous tendencies, strict liability likely won’t apply.
However, you can show that the dog owner was negligent. Did the owner allow the dog to run free without a leash? Did they fail to restrain the dog? If so, you might have a viable dog bite claim based on negligence. Homeowner’s insurance and renter’s insurance typically cover dog bite claims.
Medical malpractice is one of the most frightening forms of personal injury because everyone will need medical treatment sooner or later. Disturbingly, Johns Hopkins ranks medical errors as the nation’s third-leading cause of death.
Medical malpractice claims can be challenging to win because they are often highly technical. The use of expert witnesses in medical malpractice claims is routine. More than other types of personal injury claims, it is difficult to win a medical malpractice claim without a lawyer.
Premises Liability, Including Slip and Fall Accidents
The owner or occupier of real estate is responsible for keeping their premises reasonably safe for other people who have a right to enter their property. Such people include customers, guests, mail carriers, Amazon delivery drivers, and utility company employees who enter the premises to check the gas meter.
If you slip and fall or are otherwise injured on someone’s property due to a hazard, the property owner may be liable for your damages.
Personal Injury Claims Against the Government
Suppose you suffer an injury because of a public bus driver, defective road construction, or a malfunctioning traffic light. You cannot sue the government for monetary compensation without its consent, because any compensation ultimately comes from taxpayer pockets.
Fortunately, both the Nevada Tort Claims Act and the Federal Tort Claims Act allow you to sue the government for most kinds of personal injury claims. To sue the government, however, special procedures apply.
Nursing Home Abuse
Nursing home abuse is one of the most horrific crimes imaginable. Unfortunately, it is all too common. One of the obstacles to nursing home abuse claims is detecting mistreatment in the first place. Nursing home abuse is particularly challenging to see if your loved one has dementia or is unable to communicate. An experienced nursing home abuse lawyer knows many of the telltale signs of nursing abuse, and they know how to fight back against the system.
How many manufactured products do you use on an average day? Even if you don’t use a particular product, you can suffer an injury because of a product defect. Imagine, for example, that another driver’s brakes fail while approaching your car from behind.
Suppose you identify a design defect, a manufacturing defect, or a marketing defect in a product that injured you. You can win a product liability claim against the product’s manufacturer, distributor, or retailer without proving the defendant was negligent.
With the possible exception of nursing home abuse, sexual assault is perhaps the most morally repugnant of all personal injuries. As with wrongful death, nursing home abuse, and assault civil claims, the burden of proof is much lower than it is in criminal court. Consequently, the defendant’s acquittal in criminal court won’t necessarily doom your personal injury claim.
Injured workers may be able to file two types of workplace accident claims—workers’ compensation claims and personal injury lawsuits. You can win a workers’ compensation claim against your employer without proving that your employer was at fault for the accident. Nevertheless, Nevada workers’ compensation law limits your compensation to economic damages.
If you find an at-fault third party (a construction site owner, for example), you can file a personal injury claim against the third party. You will have to prove fault, but you might qualify for non-economic damages such as pain and suffering.
Assault and Battery
You can file criminal charges if someone intentionally injures you. You can also file a personal injury claim for assault. Many people don’t realize that you can win a personal injury claim over a violent crime even after a criminal court has acquitted the defendant.
There are two reasons for this discrepancy: (i) criminal trials and civil lawsuits are separate proceedings, and (ii) it is much easier to win a civil lawsuit than to win a criminal prosecution.
Schedule a Free Consultation With a Reputable Las Vegas Personal Injury Lawyer
Most personal injury lawyers will not charge you any fees unless they win your case. Contact an experienced Las Vegas personal injury attorney if you’ve suffered injuries in an accident or other personal injury incident. Call Battle Born Injury Lawyers at (702) 570-9000 or schedule a free consultation online.