Personal Injury Overview
Las Vegas Personal Injury Attorney
What Defines A Personal Injury?
Las Vegas is an exciting city with a world class reputation for its restaurants, nightlife and, of course, gaming. Millions of tourists from all over the world travel to Las Vegas to enjoy all that the city has to offer. However, for those who call Las Vegas “home,” we know that the city is much more than just the glitz and glamor of the Strip. Rather, it’s a collection of vibrant communities of people living life to the fullest, raising families and enjoying the scenic beauty of southern Nevada. Simply put, there is no city in the world quite like Las Vegas.
With a local population of well over 1.5 million people, a “24/7” party atmosphere and with millions of tourists from all over the world converging upon Las Vegas every day of the week, accidents are bound to happen with frequency. If you’ve been injured by the negligence of another party, whether on the Strip or in Las Vegas, Henderson, Green Valley, Summerlin, North Las Vegas, Boulder City, Mesquite, Laughlin or Pahrump, The Vegas Lawyers can help.
A a premiere personal injury law firm located minutes from the world-famous Strip, The Vegas Lawyers and its professional staff have helped thousands of people get the compensation they deserve from injuries caused by the negligence of others. Our lawyers and support staff have the knowledge, professional experience and insights to help you obtain maximum compensation and help you get back to a normal life. We work with the best doctors and treatment providers and we make sure our clients get the first-class care and attention they deserve.
If you or a loved have been injured in the Las Vegas area, please contact us immediately to discuss your case at no cost to you. We’re committed to fighting for your rights and to helping you get full and fair compensation.
WHY YOU SHOULD CHOOSE THE VEGAS LAWYERS FOR YOUR PERSONAL INJURY CASE
Our dedication to clients is second to none. We are passionately committed to helping those who have been wrongfully injured and helping them get back to a normal life. Here’s what sets us apart:
● Over 100 years of combined experience handling complicated legal matters, including the issues that commonly arise in personal injury cases;
● A highly respected legal team which includes a former judge and a former federal prosecutor;
● A legal team that includes a former physician that now exclusively consults and analyzes our cases and helps our clients get the best medical care;
● Unparalleled resources, both technological and otherwise, to ensure our clients’ cases are presented at trial in the best and most powerful manner possible;
● An attitude of caring and compassion brought to every case.
THE TYPES OF PERSONAL INJURY CASES WE HANDLE
The Vegas Lawyers handle a wide variety of personal injury cases. We are full-service law firm that approaches every case with a winning attitude and a commitment to go the distance, including to trial, when necessary. Here are some of the types of cases we handle:
Slip & Fall Accidents
Nursing Home Abuse
With over 100 years of unique and collective legal experience brought to “the table” for the benefit of clients, The Vegas Lawyers stands apart from the field of personal injury lawyers. For example, we’re one of the few law firms in Las Vegas that has a former physician on staff helping to analyze cases and ensure our clients’ cases are properly positioned for the best potential results.
We hire only the best experts for our cases and we make sure our clients get treatment from some of the best doctors in Las Vegas. We do this because we care about our clients, because we want our clients to have the best and we know what it takes to win.
PERSONAL INJURY LAWS OF LAS VEGAS
The personal injury laws of Las Vegas and surrounding communities such as Henderson, Summerlin, North Las Vegas, Green Valley, Boulder City, Mesquite, Laughlin and Pahrump are subject to the general laws of Nevada. All Nevada laws are set forth in the Nevada Revised Statutes. The personal injury laws in Nevada govern how and when a claim should be filed, who can be sued, what needs to be proven to successfully prosecute a claim and what types of damages are available to an injured party.
What Is The Statute Of Limitations For Las Vegas Personal Injury Cases?
If you’re asking this question, you’re at the right starting point for understanding one of the most important aspects of a personal injury case – the statute of limitations. The statute of limitations is simply a time period established by law, specifically NRS 11.190, for bringing a lawsuit. Once that time period has passed, you can’t sue. For personal injury cases in Las Vegas and the rest of Nevada, the law requires that a case be filed in court within two years of the date of the negligence causing an injury.
This rule applies only in negligence cases. For medical malpractice cases, the statute of limitations is one year from the date of discovery of malpractice. Once a statute of limitations has expired, it’s difficult, if not impossible, to file a suit. Even if you have a great case.
For this reason, it’s extremely important to consult with a knowledgeable lawyer that can help determine whether the statute of limitations has expired or not. The best way to avoid a statute of limitations problem is to immediately consult with a lawyer following an accident or some other event from which you sustained an injury.
How Does A Lawyer Prove Negligence?
The vast majority of personal injury cases involve a claim of negligence. In simple terms, negligence is failing to exercise the appropriate amount of care required by law for the protection of others. There are four elements of negligence that must be proven by a lawyer in order for an injured party to recover damages. These elements are the following:
- A Duty Of Care: An attorney must prove that the defendant owed the plaintiff a duty of care. This is generally not very difficult to prove. If you’re driving on the streets or highways of Nevada, you have a duty to follow the speed limit and not drive recklessly or under the influence of alcohol/drugs.
If you’re the patient of doctor, the doctor has a duty to act as a reasonable doctor would under the circumstances. If you’re the owner of a building or casino, you have a duty to maintain a safe environment so that someone is not injured on your property.
- Breach Of Duty: The second element that must be proven to successfully sue for negligence is “breach of duty.” This is where most cases are won or lost. This is also where you must be able to show that someone did something wrong and that a reasonable person in their situation would not have committed the same error or engaged in the same conduct.
The standard of what is “reasonable” can vary from one type of personal injury case to another but the key is it requires showing facts that demonstrate that the responsible party acted unreasonably. Whether someone breached a duty of care is generally something a jury decides.
- Actual And Proximate Cause: A defendant will not be held responsible for harm if the actions of the defendant did not result in actual injuries and the harm which resulted was not forseeable. In other words, a party suing for negligence must be able to show that, “but for” the defendants’ actions, the plaintiff would not have sustained harm and that the harm sustained by plaintiff was foreseeable.
To illustrate how this works, consider the following scenario: Tiny is driving his brand-new Ferrari when he’s rear-ended by Jumbo who’s in his Fiat. Enraged by being rear-ended, Tiny gets out of his vehicle following the accident, removes his machine gun from the backseat and, to express his extreme frustration, begins firing into the air. A bullet hits Maria who is on her balcony enjoying her margarita.
Can Maria sue Jumbo since she would have never been shot if Jumbo had not rear-ended Tiny? The answer is no because it was not foreseeable that a person in Tiny’s situation would have a machine gun and start firing it into the air, especially after a routine traffic accident. Jumbo cannot be held responsible for Tiny’s actions. Maria, however, could sue Tiny directly under a different negligence theory.
- Damages: It doesn’t matter if someone is negligent if no one suffered any harm as a result of the negligence. Thus, to prove negligence, a plaintiff must prove he or she suffered actual harm/injuries. Otherwise, none of the first three elements of negligence matter.
Damages In A Personal Injury Case
A party alleging a personal injury must be able to prove damages in order to receive any monetary compensation. Since every case is unique, the type of damages involved in one case may be very different from another case. Some of the most common types of damages are the following:
Pain and Suffering
Loss of Enjoyment of Life
Future Medical Care
Rehabilitation and Therapy Bills
Loss of Earning Capacity
Cost Associated with Job Retraining
Proving these damages generally requires hiring experts. For example, to prove loss of earning capacity and wages, a financial expert (usually an economist) will be needed. To prove damages like pain and suffering and need for future medical care, a medical doctor will be needed that can explain to a jury the type of medical procedures the plaintiff underwent and what he or she will need in the future to address injuries sustained.
Nevada Is A “Fault” State When It Comes To Car Accidents
Every state in the United States has its own rules and laws governing personal injuries arising from motor vehicle accidents. All states fall into one of two categories: fault states vs. no-fault states. In “no-fault” states, of which there are approximately 13 which follow this approach, it doesn’t matter who caused the accident.
Each driver in no-fault states is required to carry his or her own insurance that covers losses experienced during an accident. This type of insurance, commonly referred to as personal injury protection (“PIP”) insurance, covers your own injuries and the damages you suffered. In no-fault states, you can only sue the driver who caused the accident if the amount of damage caused is severe and exceeds the amount of PIP insurance.
Most personal injury lawyers would agree that no-fault states are less favorable than fault states because they make the victim of a motor vehicle accident responsible for paying for his or her own injuries following an accident. Does that sound dumb to you? Well, it is.
Thankfully, Nevada is a “fault” state. What this means in practical terms is that a person who causes a motor vehicle related accident must bear the blame and financial responsibility for an accident and injuries caused to others. Determining who is at fault will often come down to a police investigation and/or witness statements.
In a fault state such as Nevada, all drivers are required by law to carry liability insurance. If the amount of the liability insurance is not sufficient to cover the injured party’s damages, then that person can sue the adverse driver for excess damages. In a “fault” state such as Nevada, it’s extremely important to have what is called uninsured or underinsured (“UM/UIM”) motorist coverage. This is coverage to protect you in the event the person causing the accident lacks insurance or doesn’t have enough insurance to cover your injuries.
Nevada Is A Modified Comparative Negligence State
In some states, if a party suing for injuries was contributorily negligent in an accident, it can completely prevent the party from recovering anything. For example, Lisa and Jim are involved in a car accident. Lisa is 1% responsible for the accident while Jim is 99% responsible.
In a contributory negligence state, Lisa cannot recover anything from Jim because she was partly at fault. This is a very harsh rule. Most states have abandoned this rule. Instead, most states follow a comparative negligence approach allowing an at-fault party to recover something but subject to their own fault.
Under Nevada law, specifically NRS 41.141, a party can recover damages from a motor vehicle accident or any other personal injury event involving a claim of negligence as long as the party’s fault “was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.”
What does this mean in simple terms? It means if you can recover from a personal injury event alleging negligence as long as you’re not more than 50% responsible for the accident. However, whatever you can recover gets reduced by the percentage of your negligence. For example, Lisa and Jim are in an accident. Lisa is 40% at fault and Jim is 60% at fault. Lisa gets a verdict in her favor of $100,000. This verdict will be reduced by 40% reflecting Lisa’s share of fault leaving her with a recovery of only $60,000.
HOW MUCH DOES A PERSONAL INJURY LAWYER COST?
Most personal injury lawyers charge a fee based upon a “contingency” basis. A contingency fee is a fee that only gets paid based upon the outcome of a case. At The Vegas Lawyers, we handle all personal injury cases based upon a contingency fee arrangement. What this means is that a client never has to pay us a fee unless we recover a judgment or settlement in that client’s favor. There are no up-front, out-of-pocket fees or costs required by the client. Its’s as simple as this: if we don’t win, you don’t owe us a fee.
The contingency fee arrangement is good because it allows a client to not have to worry about legal fees while, at the same time, incentivizes a lawyer to work hard on a case knowing he or she could share in a significant recovery. The amount of time required to develop a case and the facts needed to win can be significant. Most people would never be able to afford an attorney if they had to pay by the hour. Thus, a contingency fee arrangement is desirable because it allows a lawyer to work hard for a client knowing that the lawyer’s efforts will be potentially rewarded at the end.
WHY DO I NEED A PERSONAL INJURY LAWYER?
If you’ve been injured following a car accident, a slip and fall in a casino, as a result of medical malpractice or some other type of event, you definitely want a lawyer helping you. The idea of negotiating with an insurance company on your own, except in the most unique and limited situations, is simply foolish. Would you cut your own hair or perform surgery on yourself? Of course not. For the same reason, you should trust a professional to help you achieve maximum compensation.
The laws are complex and changing all the time. Having an attorney in your corner that is knowledgeable, skilled and not afraid of the courtroom is very important.
The insurance companies are most definitely not on your side and are not looking to help you. Instead, the role of an insurance adjuster is to minimize risk and save money for the insurance company. Ask yourself where you fit into this equation? The answer of course is “nowhere.”
Get a lawyer in your corner and save yourself a lot of peace of mind in knowing that you’ll be represented by a licensed professional. At The Vegas Lawyers, our outstanding team knows how to win personal injury cases.
We bring a team approach and make sure your case is well-staffed and all resources are applied to help you get a fabulous result based upon the unique facts of your case.