A Las Vegas personal injury can be a traumatic time that leaves you feeling understandably anxious and unsure as to what course of action to take next. Being aware of what to do in the event of an injury can make a huge difference in whether you get the proper treatment and compensation. The steps outlined below will help guide you through the process so you will lay the foundation for a successful injury claim.
Seek Immediate Medical Attention
If you have been involved in an accident or suffered personal injury, seek help at once from a qualified medical professional. Immediate medical treatment is necessary to make sure that any visible or hidden injury is explored and treated. Not getting treatment can make things worse and prolong recovery. Moreover, the records from your visit will be crucial in the event you wish to file a claim. The most important thing you can do is to follow your physician’s treatment plan while keeping track of all visits, medications, and other workups. This documentation will not only assist with your recovery, but it can also help build a case for compensation.
The statute of limitations for filing a personal injury claim begins the date the injury is discovered or should have been discovered. This means you have a limited time to take legal action, and failing to do so within this period can prevent you from receiving any compensation.
Document the Incident
Once you’ve received medical attention, it’s important to start documenting evidence to support your personal injury case. Following these steps can strengthen your claim:
- Take photos of the scene: Capture any hazardous conditions or factors that contributed to the accident, along with photos of your injuries and property damage.
- Collect witness contact information: Gather names and contact details of any witnesses who can provide additional insights.
- Obtain surveillance footage: Check for local cameras that may have captured the accident and secure any relevant video footage.
- Document the event details: Write down the time, place, and any important information while it’s fresh in your memory, providing a clear account of the incident.
- File a report: Report your accident within 10 days and keep a copy of the report for your records and case.
- Save medical records: These should show the extent of your injuries and treatment, serving as key evidence in Nevada personal injury cases.
- Preserve police reports: Police reports are an official record of the accident and can be crucial in court.
- Keep all insurance communications: Save all correspondence, as it may include admissions or defenses relevant to your case.
- Organize all documents: Compile all these materials in one file to present a solid case in court.
Taking the time to gather and organize this evidence will significantly strengthen your position and help support your claim effectively.
Notify Your Insurance Company
You will have to notify your insurance company about the incident. Provide accurate details, including any medical treatment you were given. If speaking about the incident, limit yourself to the information you know and do not admit fault. While it is important to be truthful, never give a recorded statement to the insurance company without consulting your attorney first. Those statements can be used against you in your case.
Besides verbal communication, you must provide written documentation of your notification and the details you have given. It is always a good idea to retain copies of videos, as well as any form or document you send your insurance company.
A personal injury lawyer in Las Vegas can effectively advocate for your case, clearly communicating its strength to the insurance company. They can also guide you on what information to provide or withhold, ensuring that the insurance company’s requests are handled appropriately. By managing this communication, your attorney ensures your rights and interests are fully protected throughout the process.
Understand the Legal Process
The legal process starts with your lawyer assisting you in filing a claim. Your lawyer will help ensure you have all required paperwork and evidence related to your case. Next, begins a discovery process where both sides share information, documents and eyewitness statements to each build their case.
Afterwards, your attorney will engage in the process of negotiation with the insurance company. If a settlement cannot be reached, your case will go to trial. Each side takes their case in front of a judge, or jury, and presents evidence, after which a judge or jury determines who was at fault and what compensation (if any) needs to be paid.
During these stages, it is very important that you follow the legal deadlines to prevent your claim from being dismissed. The deadlines will be organized by your lawyer and all procedural requirements must be met. They will also prep you for depositions and court appearances, letting you know what to expect, and how to effectively present yourself.
Your attorney will keep you informed about the progress of your case, providing regular updates and explaining any legal terms in clear language. They will communicate with you transparently, helping you understand what to expect at each stage of the process. This ensures that you can make informed decisions along the way. By understanding these phases, you’ll be able to navigate the legal system more confidently and stay actively engaged in your case.
Managing Medical Expenses and Lost Wages
To manage your medical expenses and lost wages, organize all your medical bills, receipts, and related documents. These records will help substantiate your compensation claim. Keep track of every expense that is associated with your injury.
Document any time off work due to your injury. Keep track of the dates you were unable to work and loss of income. If your injury results in long-term or permanent disability, ensure you have medical assessments that clearly outline your future medical needs and their associated costs.
How Compensation Is Determined in Las Vegas Personal Injuries
Under Nevada law, compensatory damages in personal injury cases are determined by several competing factors. The bottom line is that someone who has been injured as the result of another’s negligence or wrongdoing deserves to be made whole. Compensation falls into two main types of damages: economic and noneconomic.
Economic damages cover financial losses with a solid stated dollar value. If you sustained a $10,000 loss of income, that is an economic damage. Economic damages include medical expenses related to the treatment of injuries and include lost wages and loss of earning capacity if the injury affects the victim’s ability to work. Additionally, any property damage incurred during the incident falls under this category.
Non-economic damages are for intangible damages, such as loss of quality of life. Nevada law does not impose a cap on non-economic damages in most personal injury cases, except for medical malpractice claims, which are capped at $350,000.
Nevada has adopted a comparative fault rule, where the injured side is partly responsible for the accident in Nevada (with some exceptions), payment it receives will be reduced by his or her calculated portion of blame. If the injured party is 50% or more at fault, he will be precluded from recovering any damages.
Understanding these aspects of Nevada law helps ensure that victims of personal injury receive fair compensation for their losses. Work with a personal injury lawyer at Lerner and Rowe in Las Vegas to help progress your case after an injury.
Our attorneys offer free consultations and won’t ask for any legal fees unless we win your case. If you have questions or concerns, call the office today at 702-877-1500 to get the answers you need.