The Basics of a Personal Injury Lawsuit in Las Vegas

Personal injuries can occur at any time. While dealing with the injury is in itself an arduous task, what comes next can be equally tough to combat. If the personal injury occurs in Las Vegas, you need to be aware of the rules involved for you to file a personal injury lawsuit.

A personal injury case is when someone gets involved in an accident or injury and claims that the harm that was caused is the responsibility of someone else. Personal injuries can take place in several ways, be it a car accident, an incident of slipping and falling, using defective products, the presence of medical practice, and so on.

Personal injury lawsuits happen between private parties. While one person is called the plaintiff (the one brining the lawsuit), the other party is known as the defendant (the one responsible for the injury). 

It’s essential to understand the various aspects of personal injury claims. For instance, burn injuries, which are distressingly common, can range from minor to life-altering. You can learn more about the different types of burn injuries on our site. Similarly, injuries affecting the spine can be particularly devastating. For more in-depth knowledge on how these are evaluated, feel free to visit our section on spinal cord injury evaluations. Additionally, brain injuries often have profound implications for the victim. To understand the complexities involved in recovering damages for such injuries, browse through our guide on recovering damages for brain injuries.

If you ever find yourself involved in a personal law injury, make sure to contact Gina Corena & Associates. We always see to it that our personal injury attorneys do their best to provide you with the maximum compensation possible. You can contact our legal team in Las Vegas on (702) 680-1111.

How to File a Personal Injury Lawsuit

If you’re filing a personal injury lawsuit in Las Vegas, and your matter involves over $10,000, then it’ll mostly be filed in the Eighth Judicial District Court. However, if the amount is slightly lesser than that, for instance, sums going up to $7500, it will be heard by the small claims division of the Las Vegas Township Justice Court.

In a personal injury lawsuit, the opening legal document is known as a complaint. It contains details related to facts about the injury, identification of the different parties, and gives brief reasons as to why the defendant should be held responsible for the damage caused, thereby proceeding to make a request to the court.

If in case your lawsuit isn’t filed within the timeframe specified, it could lead to you getting barred forever. These rules vary from one state to another depending on the cause of action, and are known as statutes of limitations. As far as Las Vegas and the rest of Nevada is concerned, the timeframe for a personal injury is usually two years. However, if a medical malpractice action is in question in Vegas, you get between one to three years. This depends on when the victim discovered the malpractice. 

Once a settlement has been reached, the victim can choose to not sue the defendant in exchange for monetary compensation. Insurance companies generally try to get the victims to settle after the accident has taken place. They can try to get you to settle for less than you deserve, and in order to avoid that from happening, taking the advice of an attorney is the best thing to do.

Your attorney will negotiate with the insurance company of the defendant, and once the details have been discussed, you will reach a settlement where you’re given exactly the compensation you deserve to take care of the injury. Insurance companies usually agree to the compensation amount so as to prevent the case from going to trial. 

Proving the Case and Recovering Damages

To make sure that you prove your case, it is important to have solid points that prove the negligence of the defendant. This entails proving that the defendant acted in a careless and negligent manner, which in turn contributed to or caused the accident.

It does happen in some cases that more than one party is found guilty of being negligent. Las Vegas and the rest of the state have a theory known as the modified comparative negligence theory. This theory entails that if your negligence level is below 51%, you are still free to pursue your action, and your damages will lessen depending on the percentage of your fault. 

The damages are mainly divided into two categories. The first category is that of the tangible damages. These refer to the more economic damages, such as lost wages or medical expenses. The second category refers to the less tangible damages such as the suffering or pain a victim goes through, and are therefore the general or non-economic damages. 

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

    - Chris S

  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

    - Sayra Sánchez

  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

    - Raidel Echavarria

  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

    - Freda Smith

  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

    -Alyssa Ortega

  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan


CALL US 24/7

Schedule A Free
Injury Consultation Below

    By contacting Gina Corena & Associates, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material.