Personal Injury Lawyers in Nevada
No one starts out their day expecting to experience a personal injury. These often occur completely out of nowhere, and in many cases, they can change a person’s life forever. Unfortunately, countless events that have led to such injuries are the result of reckless or negligent parties. This makes the situation even more disheartening: the fact that it was avoidable but for the improper actions of another party. If you or a loved one have been harmed in such an event, you may be wondering how to move forward. A personal injury lawyer in Nevada can help answer this question and seek the justice you deserve.
At Bernstein & Poisson, our team of legal professionals has spent decades serving the people of Clark County and the surrounding areas. It’s a heartbreaking statistic, but our county alone experiences more than 2 million emergency department visits every year. While not all of these visits involve events that qualify a person for a personal injury lawsuit, it’s important to know when the circumstances rise to that level. You can learn more about your case at Bernstein & Poisson with zero risk since we offer free consultations and work on a contingency fee basis — meaning we don’t get paid unless we’re able to help you recover losses.
Do You Have a Valid Nevada Personal Injury Case?
If you or a loved one were hurt in an accident or due to the actions of someone else, you’re probably wondering if you have a valid personal injury claim. After all, there’s not always someone liable for injuries when they occur. On occasion, these things just happen. So, how can you tell the difference between injuries that may entitle you to compensation and injuries that don’t? This can sometimes be a complex issue — particularly when it comes to proving a case in court. However, all successful personal injury cases share a few consistent elements. These include:
- Duty of care: To assert that someone is liable for injuries, you must establish that they had a duty of care to prevent injuries. Everyone has such duties in their daily lives. For instance, all drivers have a duty of care to avoid actions that could cause car accidents.
- Violation of duty: For a party to be found liable for someone else’s injuries, it must also be established that they violated their duty of care. For instance, driving recklessly by speeding or playing on a cell phone will typically constitute a violation of duty.
- Sustained injuries: People violate duties of care every day without causing harm. Many people violate such duties on their way to work by texting and driving. If someone’s violation results in damages — monetary or otherwise — then they may be liable for those damages.
In many cases, you’ll never have to prove these elements in court. That’s because there’s a good chance your personal injury case will be settled. In fact, over 90% of such cases never see the inside of a courtroom due to a settlement being reached through insurance claims. Still, these elements must be present if you hope to secure compensation directly from an insurer. And if your case does end up going to trial, having personal injury lawyers in Nevada on your side could simplify the process of proving each of these elements. Contact us at Bernstein & Poisson today for a free case evaluation.
What Are Common Injuries in Personal Injury Claims?
There are many types of accidents and other events that can lead to serious injuries. Our personal injury law firm has seen most of them. However, the injuries suffered are very often similar regardless of the event that a person experiences. For instance, motor vehicle accidents and slip-and-falls can both result in head trauma. Similarly, medical malpractice and nursing home abuse can both result in undiagnosed illnesses. If you’ve been involved in an accident or other event that resulted in personal injuries, there’s a good chance the damage you’ve suffered falls into one of these categories:
- Traumatic brain injuries
- Broken bones
- Spinal cord and back injuries
- Permanent disability
- Burns or disfigurement
- Lost limbs
- Wrongful death
This list is fairly expansive, and most personal injury claims will involve one or more of these injuries. However, the list is far from exhaustive. If you’ve suffered any type of harm due to the negligent or reckless actions of a third party, it’s important to understand that you may be entitled to financial compensation. Injured accident victims may not fully recognize the scale of monetary recovery they’re entitled to, so it’s absolutely essential that they speak with a legal professional. Our law firm represents clients who need a dedicated advocate on their side. Reach out to us today.
What Damages Are You Entitled to in Injury Cases?
Nevada personal injury law allows injury victims to recover a variety of damages from liable parties. The financial compensation you’re entitled to will depend entirely upon the unique circumstances of your case. In fact, there are instances when two people could be entitled to very different levels and types of compensation — even if they’re involved in the same incident. A Nevada personal injury attorney can help you better understand the nuances of the laws that affect monetary damages. Regardless of the specifics of your case, however, any damages you’re entitled to will fall into one of the following categories:
- Special damages: Special damages relate to real monetary loss. If you had to pay expensive medical bills, lost wages due to being out of work, had to pay for job re-training or experienced any other financial loss, special damages may reimburse you.
- General damages: General damages relate to losses that are not economic. Pain and suffering, loss of companionship, emotional distress, and other such losses fall into this category.
- Punitive damages: If a liable party’s actions are willful, extremely reckless, or otherwise particularly egregious, a court may grant additional punitive damages. These are meant to punish the defendant and will ideally dissuade similar actions in the future.
These damages can extend much further than most people may expect. For instance, special damages can cover future medical bills that may not arise for years. Additionally, Nevada allows for punitive damages that are three times higher than the compensatory damages (general and special) you may receive. You might also be reimbursed for attorney fees and other legal costs. To fully understand what you’re entitled to in a personal injury lawsuit, however, it may be in your best interest to speak with a legal professional. You can do that free of charge at Bernstein & Poisson. Schedule a complimentary consultation today.
Who Is Liable for Your Personal Injury in Nevada?
During your free initial consultation at Bernstein & Poisson, we’ll discuss who may face liability in your case. This is an essential element to nail down since it will dictate who you can seek compensation from. In many cases, injured victims are surprised to learn how many parties could face liability in their case. One of the goals of civil litigation is to hold all liable parties accountable. In some instances, this results in the discovery of negligent parties you may not have expected.
For instance, imagine a situation where someone suffers catastrophic injuries in a drunk driving accident. The drunk driver would obviously be at fault in this situation. However, there are also instances where the individual who served them alcohol could be held liable. This is the case if the driver wasn’t 21 or older and was served alcohol by a private individual who knew they were underage. In such a situation, the victim may be able to recover damages from both the driver and the person who gave him/her alcohol.
Another important thing to know about Nevada is that it’s a modified comparative negligence state. This means that damages are divvied up based on the proportion of liability. The law creates a system that could allow injury victims to recover compensation even if they’re partially at fault for an accident. As long as they’re not more at fault than other parties, they can still recover damages. Their eventual court award would merely be reduced by the percentage of fault they share. This can obviously get complicated, so it’s ideal to speak with a personal injury attorney in Nevada to better understand your case.
What’s Nevada’s Statute of Limitations for Personal Injury Cases?
At Bernstein & Poisson, many of our injured clients don’t realize that there’s a deadline to seek compensation. Personal injury victims are bound by Nevada’s statute of limitations. If they don’t file a lawsuit within the required timeframe, they will forfeit their right to do so. In such instances, insurance companies have very little motivation to offer a fair settlement — although bad faith insurance claims can create an entirely separate lawsuit against the insurer themselves. However, it’s best to avoid the risk of such issues in the first place. You can do this by filing a claim within the two-year personal injury statute of limitations in Nevada.
There are some nuances to these rules. For instance, if a personal injury is sustained due to medical malpractice, victims may have as little as one year to file a claim. This timeline could be extended if the medical mistake isn’t immediately obvious. The law allows for a claim to be filed within one year of the mistake being discovered — or within a year of when it should have been discovered. While there are many nuances like this, our state is strict on its statute of limitations. If you fail to file in a timely manner, even the best personal injury attorney in Nevada may be unable to do much for you.
This is why it’s so important to reach out for legal help as soon as possible. Personal injury, wrongful death, and medical malpractice claims may all entitle you to compensation. However, they must be handled in a particular manner. There are a million different pitfalls in the way of personal injury victims seeking fair compensation. An experienced attorney can help you avoid these. Schedule a free consultation at Bernstein & Poisson today. Speaking with an experienced personal injury lawyer will help you better understand how to move forward.
Do You Need a Personal Injury Law Firm?
On a nearly daily basis, an attorney at our law firm hears the question, “Do I have to hire a lawyer?” This is a completely logical question — particularly since neither Nevada nor Clark County requires you to have legal representation to seek monetary compensation. In fact, insurance companies will likely try to get you to do just that. They’ll probably contact you after your accident, and they may even offer you a settlement that seems fair. However, it’s important to remember that their primary goal is profit. It has to be for their company to remain financially viable.
Because of this, you’re unlikely to get a fair offer. Even a settlement that covers all your current medical treatment will probably not properly compensate you for your losses. If the insurer’s offer is unfair, you can also file a lawsuit without the help of Nevada personal injury attorneys. However, it’s important to remember that you’ll be up against legal professionals when you take this route. Because of this, it’s ideal to work with a law office after being severely injured. An experienced attorney has dealt with insurers and the judicial system in the past. If we can’t help you get a fair settlement, our trial lawyers have the courtroom experience you need on your side.
If you need more of a reason to seek legal help, however, just look at the statistics. Average settlements and court awards for those who pursue compensation with an attorney are higher than those who forego legal representation. Experience counts. Let our law firm fight to secure maximum compensation on your behalf.
Contact a Personal Injury Lawyer in Nevada Today
Anyone who suffers serious injuries has a tough road ahead of them. In addition to physical recovery, they have to deal with lost wages, medical expenses, and the burden of seeking compensation. This may seem overwhelming at times, and this occasionally leads injury victims to accept an unfair settlement offer from an insurance company. This could be one of the biggest mistakes you ever make, so don’t hesitate to seek out legal services for your Nevada personal injury claim. Doing so may be the only way to hold liable parties accountable for their actions and secure fair compensation.At Bernstein & Poisson, our personal injury lawyers are committed to helping you seek justice. With over six decades of combined experience — along with more than 30 years serving Nevada — our law firm has the knowledge and dedication to fight for your rights. Whether a broken hand kept you out of work for a few months or you’re facing years of recovery due to spinal cord injuries, our team of legal professionals can review your case and help you better understand what you may be entitled to. Contact us today by calling (702) 707-5934 to schedule a free consultation with our personal injury lawyers in Nevada. We’re ready to advocate on your behalf.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases