To learn about your rights and options, contact a Las Vegas criminal and immigration lawyer at our firm by calling (702) 383-0606 or read on for answers to some of the questions most commonly asked by victims.
What is negligence? Why is negligence important to my case?
A person or party acts negligently when they do not use the proper amount of care and caution that a reasonable person in the same situation would use to prevent harm to another individual. Likewise, a person is negligent if they act in a way that a reasonable person would not in similar circumstances.
The existence of negligence is perhaps the most important aspect of any personal injury case. In order to hold the liable party accountable your attorney must be able to prove the defendant’s negligence and show that it directly caused your injuries. The following must be proved in a personal injury case:
- The defendant owed you a duty of care
- The defendant violated this duty of care in some way
- You were injured
- The defendant’s violation directly caused you to sustain these injuries
Do I have grounds for a personal injury case?
Many victims suffer the stress and financial strain of their injuries for far longer than they need to because they are unsure if they can take legal action to hold the negligent parties liable for the damages they caused. If you are a victim of another’s negligence and are wondering what options you have, there are four main questions to consider that can provide you with a better understanding of whether you may have a personal injury case:
1. Is there a person who can be identified as the cause of my injuries and losses?
In order to file a claim or lawsuit, you must be able to identify and locate the person that caused your injuries.
2. Can I prove that this person is liable for my injuries?
Your lawyer will need to reference personal injury legislation and case law to determine whether you have legal grounds to seek compensation from the negligent party.
3. Did I sustain quantifiable injuries and losses?
Your attorney must be able to prove that you suffered compensable losses that were directly caused by the negligent person’s actions. Quantifiable losses include your medical expenses, missed wages, property damage, permanent disabilities or injuries, and emotional trauma.
4. Am I within the statute of limitations?
In the state of Nevada victims typically have 2 years from the time of the injury in which to file a claim or lawsuit to seek compensation for their injuries and losses.
If you are unsure whether your situation meets each of these qualifications please do not hesitate to contact a member of our team for proven legal counsel.
Is a personal injury claim the same as filing a lawsuit?
No, a claim is distinct from a lawsuit in a number of ways, and it is important to be aware of these differences so that you can choose the right legal option for your case.
Personal Injury Claim: In this informal process the victim submits a claim with the defendant’s insurance company to seek compensation for their injuries and losses. The victim seeks to recover a reasonable settlement when filing a claim, and if the case cannot be resolved at this stage they can then choose to file a lawsuit.
Personal Injury Lawsuit: When a victim files a lawsuit, they are taking formal legal action against the negligent person, party, government entity, corporation, or insurer. The merit of the victim’s lawsuit and the amount of compensation requested for their injuries and damages is evaluated by a jury in the court. In many cases the defendant will attempt to settle with the victim in an attempt to avoid courtroom proceedings.
Before deciding which action you should take it is best to discuss your case with an experienced attorney who can help you understand the options and laws involved in your specific circumstances.
I was assaulted in a hotel parking garage; is there anything I can do?
Unfortunately, many injuries sustained by victims could have been avoided had the property owners employed proper security for their premises. Negligent security occurs when a property owner does not take reasonable precautions to protect visitors and patrons from harm, and can include a lack of security guards, untrained security personnel, and faulty security systems. If you were harmed because of security negligence call our office today to discuss your legal options to pursue compensation for your injuries!
I was punched by a bouncer and had to go to the emergency room – can I sue the nightclub?
Excessive force injuries are far too common in Vegas, and the victims are often left with expensive medical bills. Whether or not you did something that warranted your removal from the club does not justify the bouncer’s use of unnecessary force against you, and you may be able to hold the nightclub liable for your injuries and medical expenses. It is important to speak with a knowledgeable Las Vegas excessive force lawyer about the specifics of your situation to determine your legal options.
What is a premises liability claim?
Premises liability law involves a property owner’s responsibility to take reasonable actions to keep their property free of potential dangers. Property owners are responsible to take reasonable steps to prevent their visitors and patrons from being harmed, and if they fail to do so they can be held liable through a premises liability claim for any injuries that resulted. If you were injured on another’s property our team can evaluate your case to determine if you have grounds for a premises liability claim.
How much compensation could I receive?
Every case is different, and there are a number of different factors that your attorney will need to assess to determine the type of settlement that is appropriate for your injuries and losses. Your case’s worth could be dependent upon such factors as:
- Medical expenses that are the result of the negligent defendant, such as emergency medical care, medical supplies, doctor visits, rehabilitative care, therapy, and traveling expenses to receive medical care
- Future medical expenses that are expected for your recovery
- Your injuries’ lasting effects upon your physical capabilities and mental health
- Psychological damage that resulted from the defendant’s negligence
- Wages you lost during your recovery
- The loss of future wages or earning capacity because you were permanently injured or disabled
What are the benefits of hiring an attorney for a personal injury case?
Although you have the legal ability to seek compensation without the representation of a legal counsel, doing so is likely not in your best interests and there are many benefits of hiring a personal injury lawyer in Las Vegas. Personal injury law is complex and it is important that you are aware of your rights and all available options before you choose how you will pursue justice for your injuries.
At De Castroverde Law Group our attorneys are experienced in all types of personal injury claims and lawsuits, and we can create a detailed case to help you pursue the compensation you deserve. When you enlist a seasoned Las Vegas injury lawyer from our firm you can be confident that your rights will be protected, your voice will be heard, and you will not be taken advantage of by the insurance company or the defendant.