Nevada Personal Injury Lawyer
Accident and injury law is also referred to as “Personal Injury Law” and includes slip and fall, car, truck, motorcycle, boat, bicycle, airplane, cruise ship, bus, amusement park and ATV accidents. Drunk driving and distracted driver accidents as well as dog bites, medical malpractice, defective product, worker’s compensation, and nursing home abuse are also covered by personal injury law. A victim of any of these events may have broken bones, scars, bruises, paralysis, amputations, injury to their brain, spine or eye, or they may have died because of the incident.
Financial Compensation for Injured Persons
The goal of the law is to make the injured person whole; meaning, to put the injured person back in the position they would have been but for the accident. Courts can’t turn back the hands of time and prevent injuries from occurring, so they do their best to provide financial compensation to make up for injuries.
Injured persons can recover lost wages and benefits, past and future medical expenses, funeral and burial expenses, and pain and suffering damages. If the act that caused the injury is particularly egregious, then punitive damages may be awarded as a punishment to the actor.
The spouses and families of injured persons can receive financial compensation as well, for all of the above if the injured person died, and for losses they suffered because of a strain in their relationship with the injured person because of the injury.
Most accident and injury cases proceed on a negligence theory, meaning that the injured person must prove that his or her injuries were caused by the act or failure to act of another individual or company.
Proving negligence has three prongs. In other words, the injured person must show, by a preponderance of the evidence, that:
- The defendant had a duty to the injured person,
- The defendant’s act or failure to act was not reasonable and caused the injured person’s injuries, and
- The injured person suffered some form of injury as to be entitled to damages
Accident & Injuries FAQs
What do I do if I’ve been injured in a car accident?
If you’ve been injured in a vehicle accident, get yourself and others to safety, immediately. Call 911, regardless of the severity of the accident. Medical help will be sent and the police will document evidence; this is much more effective than relying on “he said; she said.” later. If you feel you need a qualified personal injury attorney, call right away. The attorney will send an investigator to the scene of the accident to document evidence, interview witnesses, and collect physical evidence; you will immediately have a team of experts on your side.
Keep your doctor, insurance company, and personal injury attorney’s phone numbers in your cell phone for just such an emergency. Take photos of the scene, weather conditions, signage, and damage to all vehicles with your cell phone. Collect the names of witnesses and the other drivers, along with the other driver’s car insurance information. Report the accident to your insurance company.
I’ve been injured on the job. Do I have to sue my employer?
In very limited circumstances, it is appropriate to sue your employer to recover for injuries; however, in most cases, suing your employer is not necessary. You can receive compensation for medical bills, lost wages, and disability through the worker’s compensation system.
The Plaintiff in a lawsuit is the injured person or the injured person’s family member that is seeking compensation for the injuries.
The Defendant in a lawsuit is the person(s) or business(es) that caused the injury.
Preponderance of the Evidence
“Preponderance of the Evidence” refers to the legal standard required to prove negligence. The injured person must show that, more likely than not, the defendant was negligent.
A “distracted driver” is any driver who is doing anything in addition to driving. Common, accident causing distractions include texting, making phone calls, loud music, disruptive children and pets, reading, putting on makeup, adjusting the radio, and picking up something on the floor.
A defective product is any product which causes injury and is dangerous becauseof how it was designed or manufactured. Examples of defective products could be a hair dryer that burns the user, a drug that injures or kills a patient, or a tire that explodes while driving.