Types of Personal Injury Claims in Las Vegas
Last Updated on September 25,2023
Personal injury is a harrowing experience – accidents and injuries caused by external sources pack huge medical bills and significant mental stress. Even with sufficient health coverage, these ugly events can take a huge toll on the bank balance, along with physical and psychological trauma.
It’s crucial to educate oneself about the types of personal injury claims in Nevada – and seek professional legal assistance to wade through the bureaucratic process.
What does a Personal Injury Case Entail?
A personal injury case is when a person falls prey to an accident or is exposed to a harmful situation and makes a claim based on solid proof that a third party is responsible for the caused injuries. The third-party can be a careless neighbor, an incompetent organization, or a reckless driver.
Whether a person sustains a fall because of poorly placed furniture, trips over a power cord at a casino, or slips on a wet floor at the local supermarket, they have a solid basis for claiming personal injury compensation. There are a ton of different situations when a person can claim personal injury – car accidents, medical malpractice, slip and fall incidents, using malfunctioning products, misleading or false advertising, etc.
In the state of Nevada, personal injury cases don’t fall under the purview of criminal justice. Courtroom trials do not have a seasoned prosecutor acting on behalf of the government. Instead, the proceedings happen between two private parties. The person filing the claim is called the plaintiff and the responsible party (person, business, establishment, or organization) is called the defendant.
Sin City moves rapidly – with countless tourists behaving irresponsibly. Injuries happen all the time in Las Vegas, and the event can be complicated to deal with. Especially if the injured party decides to file a suit and claim personal injury. Aside from the basic information available online, it’s prudent to contact a reputable law firm to handle the case.
To file a personal injury suit, the plaintiff has to approach either the small claims division of the Las Vegas Township Justice Court or the Eighth Judicial District Court. The court is chosen depending on the amount of the claim – small causes entails claims of up to $7,500. The complaint – the opening legal document outlining the facts of the injuries, identifying both parties, and the cash amount – is to be prepared and submitted to the court initially. This document briefs the court and the defendant party about the plaintiff’s claim, their personal recounting of the event, and arguments as to why the court should hold the defendant guilty of the claimed charges.
In Las Vegas and the rest of Nevada, there are specific timelines within which a plaintiff can put in a claim. This timeline is called the statute of limitations. The statute of limitations for a personal injury case is typically 2 years. However, in the case of medical malpractice, the plaintiff has about 1 to 3 years to file a claim, depending on when they uncovered proof of malpractice. The details of the filing location, monetary sum to be claimed, and other legal details can be hard to navigate, especially if the plaintiff is from another state. It’s always better to get an accomplished lawyer to handle the details.
Typical Cases of Personal Injury Claims
Slip and Fall
These are probably the most common type of personal injury as they happen all the time. Customers slipping and falling on a wet theatre floor, or senior citizen tripping over an ill-placed cord near the slot machines at a casino, or a neighbor slipping on the patio stairs at a backyard barbeque – the possibilities are endless. One of the reasons slip and fall claims are so popular in Las Vegas is that they can happen at any time. A large portion of these cases is caused by the negligence of property owners.
Not everybody loves dogs – as adorable as most dogs are, some aren’t quite so. Unprompted dog attacks/ bites are a serious issue in Las Vegas as this results in the injured party having to foot a significant hospital bill. Dog bites also cause severe mental trauma that can turn into phobias. For the most part, dog owners are responsible for any injuries their dog causes.
Auto accidents are more common than one tends to think. The number of irresponsible and negligent drivers on the road is staggering. The severity of accidents can vary – with some victims reaching a near-death state. Car accident victims are lucky to get away with minor injuries – and understandably want to be compensated for the horror they went through. These claims encompass negligence on the part of drivers, pedestrians, and even part malfunction claims against the car manufacturer.
Doctors, nurses, and hospital staff make errors too – these errors can end up costing both parties significantly. The plaintiffs must prove that the medical professional in question failed to provide adequate care, or violated the health guidelines of Nevada.
When you’re ready to find out more, please reach out to us as soon as possible. Call to schedule a consultation about how we can help you move forward. Please call (702) 680-1111 or contact us online so we can start discussing your case.
In the tragic event that a personal injury results in death, the surviving family members may seek what is known as wrongful death compensation.
In some cases, the damages suffered by the victim may exceed the insurance limits of the at-fault party. It’s essential to understand how to pursue recovery exceeding insurance limits to ensure you receive the full compensation you deserve.