Accidents and injuries usually happen due to negligence, which means that most accidents and injuries can be prevented or avoided. Victims may struggle physically, financially and emotionally for a period of time or even for the rest of their lives. If you or someone you care about has been injured in an accident caused by another’s careless actions, you may be eligible to pursue compensation for your losses.
Bernstein & Poisson has been protecting the rights of the injured and their families since 2007. Our partners have more than 60 years of combined legal experience and a proven track record, recovering millions of dollars on behalf of our clients. This includes a $9 million settlement for an accident victim who suffered a neck injury and $5.1 million for an accident victim who lost a limb in a tire explosion.
An initial consultation with a Crystal personal injury lawyer comes at no cost or obligation to you. If you have a valid case and decide to have us represent you, we charge no upfront fees to use our services. We only get paid if we successfully help you obtain compensation through a settlement or verdict.
Am I Eligible to File a Case?
There are several situations that give rise to a viable personal injury case, such as:
- Car accidents
- Slip and falls
- Truck accidents
- Dog bites
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Nursing home abuse
- Boat accidents
- Defective products
Our legal team is prepared to review your situation in a free consultation to determine your eligibility to take legal action. Personal injury cases require proof of negligence. Negligence occurs when someone acts in a way that is not reasonable and you suffer losses because of their unreasonable decisions.
A person who is determined to be negligent could owe you compensation for your losses. They may be legally responsible for any loss that would not have occurred were it not for their negligence.
You and your lawyer must be able to establish the following four elements:
A Duty of Care Was Owed
The other party owed a duty of care to prevent harm to you. Drivers sharing the roadway are obligated to follow all traffic signs and signals. Dog owners are responsible for properly securing and maintaining control of their dogs. Property owners have a duty to keep their premises safe and hazard-free.
The Duty of Care Was Breached
The other party breached his or her duty by failing to act as a reasonable person would have in a similar situation. A reasonable person would not have driven through a red light or driven while intoxicated because it creates an unreasonable risk of harm for other drivers, passengers and pedestrians.
Causal Link Between Breach and Injury
The other party’s breach of duty is directly connected to the accident and the injuries you sustained and not some other cause. For instance, had the property owner warned you about unsafe conditions on the premises, you would not have been harmed.
You Suffered Damages Caused by Injury
The injuries sustained from the other party’s breach caused you to suffer damages. These damages may include medical bills for hospitalization and surgery or lost income for hours of work missed.
For a free legal consultation with a personal injury lawyer serving Crystal, call (855) 605-2959
What is the Value of My Case?
Every case is different. We will need to evaluate several factors unique to your situation, such as the details of your accident, the severity of your injuries, medical care incurred and expected recovery time.
Generally, you may be able to recover compensatory damages, which seek to reimburse or compensate injury victims for the harm they have suffered. Examples of compensatory damages include:
- Medical expenses – Any necessary and reasonable medical-related costs, both past expenses as well as future medical care (i.e. diagnostic tests, doctor visits, medications and assistive devices).
- Loss of earnings – This refers to wages lost from having to miss work for medical care or being physically unable to work. If the injury prevents working in the same job or at all, victims may be able to recover damages for loss of future earnings.
- Property damage – The cost to repair or replace vehicles, electronics, expensive jewelry or other personal property damaged in an accident.
- Pain and suffering – This includes physical pain caused by the accident itself, physical discomfort resulting from necessary medical treatment and mental anguish experienced since the accident.
- Lost enjoyment of life – This refers to an inability to perform the activities once enjoyed before the injury, such as certain hobbies or recreational activities, social activities or volunteer work.
- Loss of consortium – Injuries sustained by a victim can have a permanent impact on his or her relationship with a spouse or partner. Loss of companionship, love and support can happen.
Crystal Personal Injury Lawyer Near Me (855) 605-2959
Being Partially Responsible for Your Injuries
Nevada’s modified comparative negligence law allows injury victims to recover some damages even if they were partially responsible for the accident and their injuries. Blame can be shared proportionately between parties involved and damages awarded based on each party’s percentage of fault.
If you are awarded $150,000 after a car accident but you are found to be 20 percent to blame for what happened, the amount would decrease by 20 percent or $30,000. That means you would get $120,000.
However, you cannot recover damages if you are found more than 50 percent responsible for the accident. Our licensed Crystal personal injury lawyers are ready to make sure that you are not assigned an unfair amount of blame if any. We are well-versed in this law and how it may apply to your situation.
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How Can a Lawyer Help Me?
Part of recovering from an accident is ensuring you have enough compensation. What most injury victims do not realize is that seeking legal help may increase their ability to obtain more compensation.
Without a lawyer by your side, you may be taken advantage of by the other party’s insurance company. They are not looking out for your best interests. An insurance company’s ultimate goal is to save themselves money, which means paying out the least possible amount. Valid claims are often devalued or denied for this reason. A lawyer can protect your rights and pursue the maximum compensation.
At Bernstein & Poisson, we have a dedicated team of attorneys ready to help you navigate the legal process. The following are steps that a personal injury lawyer in Crystal may complete on your behalf.
Gathering Facts and Speaking with Witnesses
Fact-gathering is one of the earliest stages of any personal injury case. In addition to speaking with you about how you have suffered losses, a lawyer may take other steps to obtain facts about your case:
- Speak with witnesses and make a record of their accounts
- Collect any direct evidence pertaining to your injuries, such as video footage and photographs
- Work with experts to recreate the circumstances that led to your injuries
Documenting Your Losses
You may choose to hire a lawyer because of your losses. The financial cost of being injured or losing a loved one in an accident can be great. Your losses could include the cost of funeral arrangements, the loss of your loved one’s income, and the cost of his or her medical bills.
If you have been injured, you may also face medical costs and lost income. A lawyer will make a record of all your losses and support that record with as much documentation as possible.
Filing Your Lawsuit or Insurance Claim
A lawyer does not only handle lawsuits, though he or she certainly can. A lawyer can also handle an insurance claim. He or she will review your case, give you advice on whether you should file an insurance claim or lawsuit, and take the course of action that you choose to pursue.
Our firm is ready to negotiate with the insurance company or prepare to go to court if necessary. Contact us today to learn how we may be able to help you. Our consultations are free of charge.
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Time Limit to Take Legal Action
Personal injury cases in Nevada follow a statute of limitations, which sets a time limit to take legal action. Missing the designated deadline will likely result in the court dismissing your case and you being unable to obtain compensation for your losses.
The time limit is two years from the date of the injury. This includes car, truck and motorcycle accidents, dog bites, and slip and falls. The two-year deadline also applies to injuries caused by defective products (product liability claims) or if an accident results in the death of a loved one (wrongful death claims).
There may be exceptions that alter the deadline, such as if the injury victim was a minor. The statute of limitations will also work differently for victims who were unaware of their injuries at the time of the accident. The clock may not begin until the date your injuries should have been reasonably discovered.
If you are still unsure whether your time to file has passed, do not hesitate to reach out to a qualified personal injury lawyer in Crystal for advice. We are available anytime, day or night, to take your call.
Tactics Used by Insurance Companies
After an accident, you should expect an insurance adjuster for the other party’s insurance company to contact you. He or she will ask how you are doing and want your version of events. Although he or she may sound friendly, the insurance adjuster is not your friend. He or she is simply being nice so that you let your guard down. Anything you say could be used against you to discredit your injuries.
At Bernstein & Poisson, we know how insurance companies think and the tactics they use to pay nothing or as little as possible to injury victims. Some of these tactics include, but are not limited to:
Asking You to Give a Recorded Statement
While it may seem like a reasonable request, insurance companies use recorded statements as a way to deny or devalue claims, not as a means to fairly compensate injury victims. The insurance adjuster may ask you to divulge certain information or ask pointed questions to challenge your credibility. You are not legally obligated to provide a recorded statement and can politely decline if asked.
Offering You a Quick Settlement to Close the Case
Insurance adjusters know how vulnerable injury victims can be after an accident. Victims may be tempted to take any amount of money, especially as medical bills start to pile up. A quick settlement offer will not reflect the full value of your damages. You will not be able to pursue more compensation for your injuries in the future, should they get worse or require additional medical treatment.
Asking You to Sign a Medical Authorization Form
Signing a medical authorization form allows the insurance company to access your medical records, whether they are related to your accident injury or not. They will look for any evidence of a preexisting injury to say that your injuries are old injuries and therefore they are not liable for new medical costs.
How You Can Help Build a Strong Case
The actions you take in the days or weeks after an accident are not only important for your overall well-being but also helpful in building a strong case for compensation. These actions should include:
- Obtaining immediate medical care – Even if you do not think your injuries are serious, you should get checked out by a doctor. He or she can assess the extent of your injuries and provide a treatment plan to follow. Waiting to obtain medical care could worsen your injuries.
- Reporting the accident – Be sure to contact the appropriate authorities. This may be the Nye County Sheriff’s Office after a crash or Nye County Animal Control after a dog bite incident. Having an official report filed could prove helpful as you pursue compensation.
- Collecting supportive evidence – Collect as much evidence as you can if you are physically capable. Take photos of the accident scene, your injuries, property damage and anything else deemed relevant. Get contact details from all parties involved, including any eyewitnesses.
Call Our Crystal Personal Injury Lawyers
Bernstein & Poisson has represented many injury victims over the years throughout Nye County and across the state of Nevada. We have successfully collected millions in compensation for our clients.
Our Crystal personal injury lawyers are prepared to help determine if you have a case and manage the legal process on your behalf. The initial consultation we offer is 100 percent free and comes with no obligation to hire our firm. We do not get paid for our services unless we help you obtain a recovery.
Contact our office 24/7 to speak with a member of our legal team today. We are located at 320 S Jones Blvd, less than a 15-minute drive from the Las Vegas Justice Court.