It’s hard to say how many personal injury cases are dismissed annually in the United States. According to the US Court System, 271,625 cases were terminated in federal district courts in 2021, meaning these cases ended without a judgment, through resolution, dismissal, or for some other reason. This highlights the need for a skilled Reno personal injury attorney who can be sure your case is successful and that you get the compensation you deserve.
This blog reviews how a personal injury lawyer can help you, the process of filing a personal injury claim, and what can happen if you try to pursue a claim on your own.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer ensures that a plaintiff’s case receives the attention it deserves to result in a favorable outcome. Most personal injury attorneys, like those from Lerner and Rowe, work on a contingency fee basis. They represent clients in cases that involve car accidents, slip-and-falls, work accidents, and any incident that involves negligence resulting in an injury. They are experts in tort law and Nevada civil litigation law and specifically work on personal injury cases.
A Reno personal injury lawyer essentially makes the argument that a defendant is liable for an injury. They must prove:
- That the defendant had a duty of care to prevent an injury.
- The defendant breached that duty of care.
- That the breach of care caused injury to the client.
- The actual damage amount that the client is entitled to.
What Happens in a Personal Injury Case?
Most personal injury cases never end up in court. It is estimated that 90% of cases are resolved before trial. In an ideal world, both parties agree to damages and compensation. The plaintiff’s lawyer will draft a demand letter for the defendant’s insurance company, spelling out damages. Next, the injured party negotiates with the defendant about liability and damages. If necessary, the lawyer will take the case to court for the client.
What Can Happen without a Personal Injury Attorney in Reno?
Plaintiffs tend to struggle without a lawyer. Several barriers prevent them from successfully pursuing their case:
- Not understanding Nevada tort law and court procedures.
- No legal training.
- Missing court filing deadlines.
- Not successfully proving negligence in their case.
Plaintiffs proceeding without a lawyer tend to receive smaller compensation amounts or their case ends in dismissal.
What Can Go Wrong without a Personal Injury Attorney in Reno?
Baxter v. Dignity Health shows why plaintiffs should retain a personal injury lawyer. In Nevada, a medical malpractice case must include a medical expert affidavit for the case to go forward. The pro se plaintiff filed the medical expert affidavit and complaint separately. The district court did not consider the two documents together and dismissed the case. Had Baxter used a personal injury lawyer, the case might not have been dismissed. Ultimately, the Supreme Court of Nevada reversed the dismissal.
In Wilson v. Wal-Mart Stores, Inc., the plaintiff submitted $86,743.05 in damages in their initial disclosures. Wilson submitted several different damage amounts in medical expenses throughout her case. Wal-Mart turned around and submitted a motion to limit her damages in the case and the judge granted it. A personal injury attorney might have helped Wilson pursue a larger damage amount in this case.
Procedural errors, by and far, can limit a plaintiff’s ability to pursue a case successfully. Retaining a personal injury lawyer will help a plaintiff avoid simple mistakes that ultimately can jeopardize or lengthen the life of their case.
Does Retaining a Lawyer Guarantee a Larger Settlement?
Personal injury lawsuits are tort cases. According to the Bureau of Justice, the plaintiff prevails about 50% of the time in tort cases. Retaining a lawyer does not guarantee a larger settlement. Plaintiffs that retain a lawyer and win tend to receive a larger settlement. Research by the Insurance Research Council suggests that victorious plaintiffs represented by an attorney receive settlements 3.5 times larger than self-represented individuals.
Retaining a personal injury lawyer can help a plaintiff negotiate a successful settlement. The Bureau of Justice study suggests that some plaintiffs can receive larger compensation in a lawsuit. But going to court is risky, and the plaintiff is more likely to receive a settlement during the negotiation phase with the defendant’s insurance company. Ultimately, the experience of a lawyer can help a plaintiff make the best decision about their case, whether to settle or to take a case to court.
How a Reno Personal Injury Lawyer Protects Your Rights
Without a personal injury lawyer, you might jeopardize your right to compensation in a trial. Whether your injury was medical malpractice or a car accident, Lerner and Rowe can help you protect your rights. Here are some examples:
- Filing your paperwork without a headache.
- Arguing motions from the defendant to dismiss your case.
- Making sure that your case gets resolved at the right time, whether in negotiation or court.
- Correctly calculating your damages and presenting them in your initial filing.
Contact a Personal Injury Attorney in Reno
Work with Lerner and Rowe on your personal injury case to receive professional representation on your personal injury case. Get a 24/7 free consultation by calling 775-644-4444. Lerner and Rowe have recovered more than $1 billion during the last four years for clients nationwide.