Nevada Personal Injury Laws & Information
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When you’ve been hurt in an accident, you should have help recovering compensation. You have enough on your plate without figuring out Nevada laws and the claims process for the first time. When you work with an experienced Las Vegas personal injury lawyer, you focus on getting better while your attorney focuses on winning your case.
At Oronoz & Ericsson, LLC, we represent victims of all accidents suffering from any serious injury, including spinal cord and traumatic brain injuries. We have decades of experience recovering millions of dollars in settlements and court awards. Call (702) 878-2889 or use the online form to request your free consultation.
When you’ve been hurt in an accident, the last thing you want to do is learn personal injury law. Now isn’t the time to hit the books (or Google). It’s time to get help from people who already know the law, how it’s applied in your local courts, and how to navigate it to get the best possible results. By working with Oronoz & Ericsson, LLC, you benefit from veteran attorneys’ knowledge of personal injury laws.
The main legal theory you need to know about is ordinary negligence. Most personal injury claims allege another person or business was negligent, and that’s why they should pay for the injured party’s damages. Negligence means someone failed to behave as carefully or reasonably as they should and caused someone else harm.
When you file a personal injury insurance claim or lawsuit, it’s your responsibility to prove negligence. You have to prove each of the four elements:
We have years of experience gathering evidence of negligence and using that evidence to establish claims and win compensation. Don’t hesitate to call us when someone else’s carelessness caused your injuries.
While most personal injury claims are based on ordinary negligence, there are other reasons why someone else may be responsible. It might be that someone’s behavior was worse than carelessness. When another person acts recklessly or with indifference to their responsibilities or how their actions affect others, it’s called gross negligence.
Depending on the circumstances, you might be able to show the other person is guilty of malice, oppression, fraud, or conscious disregard for the consequences of their actions. If you can prove one of these theories, then you might be entitled to punitive damages.
Another option is proving negligence per se. Under this theory, you have to show the other party violated a law meant to protect people like you from that type of harmful behavior. For example, a motorist might run a red light and hit you while you were in a crosswalk. That driver violated a traffic law that was meant to protect pedestrians.
One way someone other than the at-fault party can be liable is through the doctrine of vicarious liability. There are several situations in which one party might be vicariously liable for the negligence of another. Common examples are between employers and employees and parents and their children.
One of the most common forms of vicarious liability is the theory of respondeat superior, which makes employers liable for their on-duty employees’ actions. An employer is liable for their workers’ harmful acts if the employee was under the employer’s control and acting in the scope of their employment at the time of the accident.
Also, sometimes employers are held liable based on negligent hiring, retention, or supervision. An employer could be responsible for something going wrong if they weren’t careful enough in choosing who to hire, who not to let go, and how they supervised their employees.
Because liability is complicated, it’s best to talk with an experienced accident and injury lawyer about proving your case. You either need to establish negligence or another theory of liability. No matter which theory you rely on, you’ll need evidence and a convincing argument.
There’s an important distinction between fault and liability. The person who directly caused the accident is at fault. But they might not be the only party liable for compensating you. This difference is why it’s important to work with an experienced lawyer. Do you know who else might be responsible? Our attorneys look carefully for any possible avenue toward compensation, including other liable parties and insurance policies.
You may have confidence in your opinion about who’s at fault for the accident. But your confidence needs to be backed by evidence. Otherwise, you’ll get nowhere with your claim. By hiring a Las Vegas personal injury lawyer, you have someone who will thoroughly investigate and gather evidence. We know how to develop a strategy for winning you compensation. We know what it takes to prove fault, including when to hire expert witnesses and how to present evidence in the best possible light for you.
Another important theory in personal injury law is comparative negligence. This theory comes up when two or more people might be responsible for your injuries—including yourself. Nevada follows a modified comparative fault law with a 51% bar.
Anyone less than half at fault for the accident can demand compensation for their injuries. Even if you are somewhat at fault, you can win a settlement or court award. However, it’ll be reduced by your percentage of fault. Anyone who is 51% or more at fault, though, can’t receive any compensation.
You might be scared to bring a claim if you think you contributed to the accident. It’s important not to assume anything and talk with a lawyer right away. Never assume you can’t receive compensation for your injuries. We work hard to diminish our client’s level of responsibility and win them as much compensation as possible.
Talk with us about the types of injuries you can win compensation for and how much your case might be worth. We’ll explain compensatory and non-economic damages, which are meant to make up for your physical, emotional, and financial injuries.
Personal injury damages include past and future:
We’ll also discuss punitive damages, which are meant to punish wrongdoers. These are available in rare cases.
There are no damage caps to worry about during an ordinary negligence claim. But you should talk with a lawyer about damage caps if your claim is against a public employer, like a local government, or against public landowners.
Another maximum limit is placed on punitive damages. You can receive up to $300,000 if your compensatory damages are less than $100,000, or three times your compensatory damages if they are more than $100,000. Although there are situations in which these limits don’t apply, which is why it’s important to have legal representation who knows the ins and outs of damage caps.
It takes a lot of work to go from suffering an injury to receiving compensation. You should expect weeks or months of preparation, which is why it’s best to work with a personal injury law firm. We are here to guide you through the injury claim process. We know what to do each step of the way and help you get the medical care you need and deal with the medical bills.
No matter how confident you are in your claim, winning compensation won’t be easy. The other side is going to fight back. They may know you’ll win, but they’ll do what they can to limit how much they have to pay.
It’s common for at-fault and liable parties to attack one or more elements of negligence. You can’t win compensation unless you establish each element. Another common defense is comparative negligence. The other party might try to claim you were more than half at fault. But any amount of blame they can shift to you can limit how much they owe.
The defendant also might claim assumption of risk as a defense. This legal theory means you knew an activity was risky, and you chose to do it anyway. Because taking that risk was your choice, no one else should be responsible for your injuries. A related defense is a liability waiver. The other party might claim you waived their liability when you signed a certain document or bought tickets to an event.
Don’t let the fear of the other side’s defenses stop you from pursuing compensation. You can prepare for any argument by working with an experienced personal injury lawyer in Las Vegas.
You have a certain amount of time to file a lawsuit. This deadline is called the statute of limitations. There are different limits for various claims. For personal injury caused by negligence, you have two years to sue. Typically, the countdown starts the day you’re injured in the accident. Although, the clock might start the day you discover or reasonably should have discovered your injuries. Consult a lawyer about how long you have to file a lawsuit.
We want to help you win the compensation you deserve. Though there are no guarantees, we have achieved excellent results for a majority of our clients. Talk with us about what we can do for you. Reach out through our online form or call (702) 878-2889 for a free consultation.