Slip and fall injuries are often more serious than you might initially think. Pain symptoms can worsen over the days and weeks following the fall. In addition to immediate and ongoing medical appointments, you might wonder who is going to cover your costs.
Our slip and fall injury lawyers can help you through the process of filing a claim and getting you the compensation that you need to recover. Call us at (702) 878-2889 for a free consultation.
Understanding Slip and Fall Laws in Nevada
Slip and fall cases in the state of Nevada require certain elements to be true, including:
- There was a dangerous and hazardous situation present
- The defendant was aware (or should have been realistically aware) of the danger
- The danger was the direct cause of the plaintiff’s injuries
This means that whoever is responsible for your slip and fall injury must meet these specific criteria. If you are still not sure, it may be useful to reach out to a personal injury lawyer who is familiar with Nevada’s laws.
In some cases, it may be obvious who is at fault. But, other times, there may be questions regarding the property owner’s knowledge of the danger or whether or not the injured party was trespassing.
In addition to the above elements, your lawyer will consider other factors when determining responsibility in a slip and fall case, including:
- How long was the dangerous situation present before the injury occurred?
- Did the owner ever make any realistic attempts at repairing the dangerous situation?
- Did the injured individual behave in a way that could lead to injuries?
Laws do not protect individuals if they were trespassing. While the property owner cannot intentionally harm a trespasser, they also do not have a legal duty of care to protect them, as long as there is warning of any danger. A homeowner who warns against trespassing will not usually be responsible when a slip and fall injury occurs.
Determining Liability in a Slip and Fall Case
Collecting evidence is important when building a premises liability case. Your legal team will collect things like medical records, photos, videos, and witness statements that support the above elements. It is important to compile as much evidence as possible, not only to demonstrate who is responsible, but also to prepare for any defenses from the defendant.
Nevada’s Comparative Negligence Laws
In some cases, more than one person can be to blame when an accident occurs. For example, the property owner might have been aware of a dangerous situation and been in the process of repairing it. If they notify the injured party and they ignore the warnings, it is possible that both could be responsible for any accidents.
Nevada follows comparative negligence laws, which means that you can still seek compensation for your injuries, even if you are partially at fault. However, the amount you receive will be your award amount minus the percentage of responsibility that you hold. If you receive a compensation amount of $40,000 and you are 25% responsible, then you would instead receive $28,000 in compensation. If the defendant is claiming that you are partially at fault, then you need a personal injury lawyer who can build your defense.
Eligible Compensation for a Slip and Fall Injury
A single slip and fall accident can leave you with severe injuries. Once we determine who is at fault for the accident, we can go after them for compensation. Nevada allows you to seek compensation for costs like medical bills, lost wages and benefits, emergency transportation fees, rehabilitation costs, and temporary childcare costs. Depending on the extent of your injuries, you may also qualify for pain and suffering and diminished earning capacity.
Choosing the right lawyer will ensure that your case is valued accurately. Valuing a slip and fall case is not always easy, as there are many costs to consider. Severe injuries can not only impact your ability to work, but they can also diminish your life satisfaction. You may not be able to enjoy the same activities or hobbies that you once did.
Protect Your Rights With an Experienced Slip and Fall Attorney
Slip and fall cases can get tricky. The defense is likely to try and limit their liability by claiming that you were illegally trespassing or that they were not aware of the danger. You need a premises liability lawyer who can collect the evidence you need to build your case. Contact us today at (702) 878-2889. You can also input your information on our online form, and we will get in touch with you.