How To Make Sure You Get Compensated For Personal Injury in Las Vegas, NV

How To Make Sure You Get Compensated For Personal Injury in Las Vegas, NV

Las Vegas is not immune to accidents and personal injuries. Whether it’s a car accident on the Las Vegas Strip or a slip and fall in a crowded casino, you deserve to know how to ensure you get compensated for your damages

personal injury lawyer can assist with your claim and maximize your compensation. In the meantime, there are several points to remember as you navigate your path to recovery. Be sure to do the following: 

1. Seek Immediate Medical Attention

Your health is the top priority after an injury. You should seek medical attention as soon as possible. This is true even if you feel your injuries are minor or that you did not sustain injuries at all. Some injuries are difficult to detect, while others can take days or weeks to appear. A doctor can give you a medical evaluation to check for post-accident injuries.

Not only is this vital for your health, but a doctor’s record will also be crucial evidence in your case for compensation. Medical records help you show the extent of your injuries, prognosis, and treatment plan. They can also highlight the impact of injuries on your life. 

2. Document Everything

Documentation is evidence. Be sure to document every aspect of your accident and injury. This includes taking photos of the accident scene, keeping a diary of your physical and emotional challenges, saving medical bills, and tracking any lost wages from your injury. The more detailed your documentation, the stronger your case will be. 

Other important information to record includes:

  • The date and time of your injury
  • A detailed description of how your injury occurred
  • Names, contact details, and statements of any witnesses
  • Photographs of your injuries and the accident scene
  • Medication logs
  • Receipts for injury-related expenses, such as medical bills, transportation to medical appointments, and over-the-counter supplies

Thorough documentation is crucial. It will allow you to show the extent of your injuries and substantiate your compensation claim. 

3. Do Not Settle Too Quickly

Insurance companies are involved in paying compensation for many personal injury claims. Avoid settling too quickly if an insurance company is involved after your injury. A quick settlement may mean you take home less compensation than you deserve.

Understanding the full extent of your injuries and their long-term implications is important before agreeing to settle your case. A quick settlement may otherwise not cover all your future expenses, including medical costs, ongoing care, or lost earning capacity. This can inhibit your ability to recover fully from any accident or injury. 

4. Understand the Statute of Limitations For Your Personal Injury Lawsuit

The statute of limitations is the legal deadline by which you must file a lawsuit for personal injury. In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury (with some exceptions). 

You must file a lawsuit within this timeframe to ensure your claim is valid. Missing the deadline can result in losing your right to seek compensation. 

5. Hire an Experienced Personal Injury Lawyer in Las Vegas, Nevada

Navigating personal injury law can be complex. An experienced Las Vegas personal injury attorney can help and significantly impact the outcome of your case. This includes the compensation you may be awarded. 

A skilled lawyer can gather and present evidence, handle negotiations with insurance companies, and represent you in any legal proceedings. 

Schedule a Free Consultation With a Las Vegas Personal Injury Lawyer

Suffering a personal injury in Las Vegas from someone’s negligence can be a traumatic and life-altering experience. Fortunately, many Las Vegas personal injury lawyers offer free consultations. A lawyer can help you understand your rights, document evidence, and pursue fair compensation for your injuries and losses.

How Long Do I Have To File a Personal Injury Claim After an Accident in Florida?

How Long Do I Have To File a Personal Injury Claim After an Accident in Florida?

Many assume that because Florida is a no-fault state for automobile insurance, they cannot sue a driver after a car accident. However, that is not entirely true. Florida’s insurance laws allow accident victims to file a personal injury claim after an accident in Florida if they sustain serious injuries and in other circumstances as well. However, the statute of limitations limits your time to file a personal injury claim after an accident in Florida. 

A team of experienced personal injury lawyers can help you determine the deadline for filing your personal injury claim in Florida. They can also advise you of your rights and legal options after an accident, helping you recover the maximum amount of compensation available. 

What Is a Statute of Limitations?

A statute of limitations is a law that limits the time you have to file a lawsuit or take legal action. In a car accident case, the statute of limitations sets the deadline for filing a lawsuit seeking damages. If you file your lawsuit after the deadline expires, a judge can dismiss the lawsuit even if you have a valid legal claim.

Statutes of limitations differ by state. Furthermore, there could be exceptions to the general statute of limitations for claims. Therefore, you must know what Florida laws apply in your personal injury case to determine how much time you have to file an injury claim after an accident in the state. 

What Is the Statute of Limitations for Car Accident Cases in Florida?

Most car accident claims are based on negligence. The Florida statute of limitations for negligence-based claims was recently amended. As of March 24, 2023, the deadline to file a lawsuit for a car accident claim is two years from the accident date. 

However, if the car crash took place before March 24, 2023, the previous law should apply. In those cases, the deadline to file a lawsuit would be four years from the accident date.

It is important to note that exceptions to the statute of limitations could alter the filing deadline for a lawsuit. Furthermore, the parties involved in the case and other factors could impact the filing deadline for a personal injury claim. 

For example, if your car accident claim involves a government entity, you might have a different deadline. As another example, if the victim is a minor, the deadline could be extended. 

According to Mark Roman & John Austin, Tampa personal injury lawyers at Roman Austin Personal Injury Lawyers, “determining how long you have to file a personal injury claim after an accident can be complicated. You should not assume you have plenty of time to file a claim. Instead, it is better to seek legal advice as soon as possible after a car crash in Florida”. 

The Benefits of Taking Legal Action Quickly After an Accident

Two years sounds like more than enough time to file a personal injury claim after an accident. However, time is not on your side. You should act quickly to file a personal injury claim for several reasons, which include:

Preserve Evidence 

An accident victim has the burden of proving the elements of a negligence claim to win a personal injury claim for a car accident. Those elements are:

The burden of proof is by a preponderance of the evidence. You must convince jurors that there is at least a 50% chance that the other driver caused your car accident. The strength of your evidence is crucial to winning your case.

However, delaying a claim could result in evidence being lost or destroyed. The sooner you contact an attorney, the quicker the attorney can work to collect and preserve evidence.

Allow Your Attorney Time To Prepare

It takes time to investigate and gather evidence to file a personal injury claim. The more time the attorney has to prepare your case, the better. Waiting until the statute of limitations is about to expire may not give an attorney time to prepare a lawsuit. 

Contacting a personal injury lawyer early in the process gives them sufficient time to work on your case. With more time, the attorney may be able to negotiate a fair settlement to avoid the cost, stress, and time of litigation. 

Memories Fade and Change

Eyewitness testimony can be powerful evidence in a car accident case. However, a witness’s memory may fade over time. They may not remember key details about the accident. 

An attorney can obtain the witness’s testimony early in the process by conducting a deposition. A deposition is sworn testimony given outside of court. 

Receive Compensation Quicker

Most personal injury claims are settled through negotiations with the other party. Beginning the process now means you might receive your compensation quicker. 

Set Up a Free Consultation With a Personal Injury Lawyer

You may need additional time to recover after an accident. Hiring a personal injury lawyer allows you to focus on your recovery. Your attorney can handle all matters related to your claim, including monitoring the deadlines for filing your lawsuit appropriately and on time.

How Often Do Car Accident Cases Go to Court?

How Often Do Car Accident Cases Go to Court?

If you are injured in a car accident, you can file a lawsuit against the at-fault driver seeking damages – at least in most states. However, the chance that your case will go to trial is minimal.

In 2021, there were over 6.1 million police-reported car accidents in the United States. That same year, there were 109,741 traffic accidents reported in Missouri, to name just one state as an example. Even though thousands of car accident lawsuits are filed each year, only a small percentage goes to court.

In a study in the early 1990s, researchers found only 3% of the personal injury cases filed when to court. Statistics are difficult to find, but it’s safe to say that most personal injury cases don’t go to trial. Therefore, your accident case is far more likely to settle than to go all the way to a jury trial.

Why Do Car Accident Cases Go to Trial?

You go to trial to settle a dispute. Insurance companies and at-fault parties dispute liability for a car accident claim to avoid paying the victim for damages. There could be complex legal questions about liability, including allegations of contributory negligence. There could also be issues related to the value of damages, including the severity of a person’s injuries or their failure to mitigate damages. 

At the heart of the dispute is money. Insurance companies and at-fault drivers try to limit the amount of money they must pay to settle the claim. Therefore, a common reason car accident cases go to court is that the insurance company for the at-fault driver refuses to negotiate a reasonable settlement amount. 

When you file a car accident lawsuit, your case could take more than a year to go to trial. During that time, your case goes through several phases, including:

  • Filing a complaint and serving the defendants
  • Waiting for responses, answers, and counterclaims to the complaint
  • Filing responses to counterclaims or third-party claims
  • Engaging in discovery (i.e., the exchange of information and documents with the other party and gathering evidence from third parties)
  • Settlement negotiations, which could include mediation
  • Pre-trial motions and hearings
  • Trial and jury verdict
  • Appeals

The insurance company may believe it has a better chance of taking the case to court instead of paying a settlement. However, as you can see from the statistics, insurance companies are not thrilled about going to court.

The Advantages of Settling Car Accident Cases Without Going to Court

For the most part, injured victims and insurance companies are motivated to settle car accident cases through negotiations or mediation. The advantages of a personal injury settlement include:

  • Settlements are often quicker than taking a case to trial
  • Filing a lawsuit, preparing for trial, and arguing a case in court is more expensive
  • Personal injury lawsuits are more time-consuming than settlements
  • Trials can last for days or weeks and be very stressful for the parties involved
  • Jurors are unpredictable and could return a verdict for the other party even though your evidence is strong
  • A jury verdict does not guarantee payment
  • The other party could appeal the jury verdict dragging the case on for years

Personal injury settlements are private. Trials are a matter of public record. Some parties prefer to keep the dispute and the personal injury settlement confidential. Additionally, when a party agrees to settle a car accident lawsuit, they do not need to admit fault or negligence. 

How Do I Know Whether To Accept a Car Accident Settlement or Go to Trial?

Hiring an experienced car accident lawyer is the first step in protecting your fights and increasing your chance of receiving fair compensation for damages. Personal injury lawyers understand how insurance companies handle claims. They know the laws that apply in your case and how those laws could impact the outcome at trial.

Your attorney will diligently try to settle your case through negotiations because that is generally the most efficient way to get you money for your claim. However, there could be legal reasons to file a lawsuit and go to trial. 

Your attorney will explain the risks and benefits of accepting a settlement versus going to trial. With your lawyer’s help, you can decide which option is in your best interest based on the specific facts and circumstances of your case.