Personal Injury Law in Carson City, NV

Have you recently experienced an accident that led to physical injuries? Are you uncertain about your rights or confused about how to proceed?

This area of law can assist you in receiving the compensation you deserve. You can recover your medical expenses, lost wages, and other damages related to your accident.

Picture the relief you would feel knowing your mounting bills will not be your burden. Learn about your rights, the process, and the resources available in the community with us today.

What Is Personal Injury Law?

Personal injury law in Carson City involves legal proceedings to obtain compensation for injuries. They involve a plaintiff who seeks damages for expenses resulting from the defendant’s conduct. They often involve insurance companies representing both parties and settling before a trial.

Examples of Personal Injury Claims in Carson City, NV

Certain types of personal injury claims are more frequent than others. Nonetheless, nearly any incident that results in harm has the potential to qualify for a personal injury claim.

Some of the frequently encountered personal injury claims include:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Workplace accidents
• Product liability
• Dog bites
• Assault and battery
• Wrongful death
• Bicycle accidents

Most Common Injuries in Carson City 

Unintentional injuries are the most significant danger to Carson City residents. According to recent research, drowning, falls, and other incidents are the leading cause of death. However, slip-and-falls are the most hazardous events for anyone over 65.

Steps in a Personal Injury Lawsuit in Carson City, NV

Once you have decided to pursue a personal injury lawsuit in NV, there are specific steps that you can anticipate. It is also notable that tort law depends on procedural requirements and timelines. Therefore, it is advisable to retain a dedicated lawyer to handle your case.

Proving Negligence

Proving the negligence of the party responsible for your injury is critical. While this might seem straightforward, the court requires concrete evidence rather than mere speculation. Your legal team will collect evidence to support your claim before filing a lawsuit.

Nevada’s negligence laws have a significant impact on personal injury lawsuits in Carson City. The state operates under a modified comparative negligence rule. This legal doctrine means that an injured person can recover damages even if they are partly at fault. However, their compensation gets reduced by an amount that is equal to their percentage of fault. If a court finds that you are more than 50% at fault, you cannot collect any damages at all.

The Court Process in Nevada

A lawsuit starts when the plaintiff files a complaint with the court and serves it upon the defendant. The complaint asserts the plaintiff’s claim that the defendant’s negligent actions caused physical or mental harm. As the legal process unfolds, you may be required to participate in depositions and medical evaluations. This discovery process can be lengthy and culminates in a settlement or a court trial.

The process begins with filing a complaint in the First Judicial District Court. The complaint outlines the nature of your claim, the damages, and why the defendant is responsible. Following the filing, the defendant has a chance to respond, typically within 20 days. A discovery process then ensues where both parties gather evidence. If the case isn’t resolved through settlement discussions or mediation during this phase, it moves forward to trial.

Nevada Personal Injury Settlement

Generally, insurance companies prefer to settle rather than pursue a court trial. It’s natural to question the appropriate amount to seek, especially since various factors can influence the final outcome.

One of the most substantial elements is the nature of the injury. It is necessary to keep this in mind since lawsuits in Carson City happen on a case-by-case basis. For example, a broken arm costs around $669 out-of-pocket. But more substantial incidents could result in judgments of thousands or millions of dollars.

If the opposing party is insured, their carrier will negotiate for a settlement outside of court. These arrangements are advantageous not only for insurance companies but also for the injured individuals. Accepting one allows for fast compensation instead of waiting for a prolonged court process. Moreover, by proceeding to court in NV, there is a potential risk of not receiving anything.

Damage Awards in Nevada

Your attorney will request damages if your personal injury lawsuit in Nevada reaches a judge or jury. They may ask for one or more of three categories of damages:

Special compensatory damages reimburse you for specific losses. They may include (but not limited to) lost income, medical expenses, and insurance deductibles. You need receipts, invoices, or other evidence to support your claim for these damages.

General compensatory damages are more subjective. You also have the option to request payment for the physical and emotional distress caused by the injury.

Punitive damages are the least frequently granted and are solely at the court’s discretion. It is within the judge or jury’s authority to decide if the defendant’s negligence was especially egregious. In such cases, they are a means of punishing the defendant and deterring similar behavior.

Nevada law does impose a cap on non-economic damages in medical malpractice cases. This limit is set at $350,000 for concerns like pain and other subjective harms. However, there is no cap on economic damages, which include things like medical expenses and lost wages.

Statute of Limitations in Carson City, NV Personal Injury Law?

The injured party has a specific time frame to initiate a legal claim for a personal injury case. Statutes of limitation, established by state law, determine this time limit. Usually, the clock starts ticking either from the date of the injury or when you discover it. However, the latter can be more challenging, as the plaintiff must provide detailed evidence.

In Nevada, the statute of limitations for personal injury cases is generally two years. If you file your lawsuit in time, the court system in Carson City will hear your case.

It is advisable that you consult with a personal injury attorney regarding this issue. It is important not to delay and risk losing the opportunity to obtain the compensation you are entitled to for your injury. It is crucial not to procrastinate and potentially miss out on receiving damages.

Work With an Experienced Carson City, NV Lawyer

If you have suffered an injury due to someone else’s actions, pursue a personal injury claim in Carson City. Our team of experienced lawyers is available to assist you in navigating through your claim. We can even help you connect with an attorney across Nevada state lines.

Contact us anytime online or call (866) 345-6784 to talk to a representative!