Have You been Injured in an Accident in Las Vegas?
If you have been injured in an accident in Las Vegas, the process for claiming compensation for Las Vegas accidents varies considerably depending on the nature of the accident you have been involved in and the injuries you have sustained. It is also important to note that no two injury claims for accident compensation in Las Vegas are identical due to the way in which injuries impact the individual victim and their quality of life.
Consequently, when you have been injured in an accident in Las Vegas for which you were not totally at fault, it is essential that you are well-informed about your rights and the legal avenues available to you to pursue compensation for Las Vegas accidents. Therefore, although this article provides information about claiming compensation for an accident in Las Vegas, it is no substitute for seeking relevant legal advice from a Las Vegas accident lawyer.
Eligibility to Claim Compensation for Las Vegas Accidents
To be eligible for compensation for Las Vegas accidents, you must have been injured in an accident in Las Vegas for which somebody else was at fault – either through their negligent actions or lack of action. Your injury need not have been physical – emotional trauma is also considered to be a personal injury – but any claim for being injured in an accident in Las Vegas must be supported by medical evidence that an injury has occurred.
In most circumstances, people who have been injured in an accident in Las Vegas will have sought medical attention as soon as possible after their accident; but sometimes injuries are slow to manifest and, if you have not already done so, it is vital that you visit a doctor or medical center to have your injuries assessed, treated and recorded in your medical history.
Claiming Compensation for an Accident in Las Vegas
Claims for accident compensation in Las Vegas also need to be supported by evidence that the negligent party was responsible for your injury. Hopefully your injuries were not so severe that you were unable to report your accident or take photos of the accident scene using your cell phone. If it was not possible for you to complete either of these procedures, there may be other channels of supporting claims for accident compensation in Las Vegas.
Witness statements and CCTV footage are tools which are also used by a Las Vegas injury lawyer to establish negligence and support claims for compensation for Las Vegas accidents. It is also likely that the police were called and a report of your accident will exist on their files, or – if your accident happened at work – the cause of your accident may have been investigated by the Occupational Safety and Health Administration (OSHA).
Making Claims for Accident Compensation in Las Vegas
Once evidence has been collected to support your claim for compensation for an accident in Las Vegas, your accident lawyer will file a claim against the negligent party. Claims for accident compensation in Las Vegas are made under a complex body of law known as tort law, and it is in your best interests to engage the services of a lawyer who is familiar with the local court system to ensure you receive your maximum entitlement to compensation.
Claims for accident compensation in Las Vegas do not necessarily have to go to court in order to be satisfactorily resolved. Many settlements of compensation for an accident in Las Vegas are negotiated before court action is required; but your lawyer will want to prepare the strongest possible claim on your behalf in case a suitable settlement cannot be agreed.
How Comparative Negligence Affects Compensation for Las Vegas Accidents
“Comparative negligence” is a term which relates to any contribution you may have made to the cause of your accident or the extent of your injury – if, for example, you failed to seek medical attention at the first possible opportunity after sustaining an injury and exacerbated it as a result. If you are found to have been comparatively negligent, the settlement of your compensation claim for being injured in a Las Vegas accident will be reduced to reflect your own contribution.
The term “comparative negligence” can also relate to scenarios in which more than one person is responsible for causing an accident and injury. For example, if you brake sharply to avoid a car at an intersection which has failed to give way and you are rear-ended by a second car travelling too fast behind you. How much compensation for an accident in Las Vegas you receive will not be affected by your comparative negligence in this scenario; however the length of time it takes to settle your claim may be extended while the two negligent parties agree on the proportion of culpability each should be allocated.
Time Limits to Claim Compensation for an Accident in Las Vegas
According to the Nevada Statute of Limitations, you have two years in which to claim compensation for Las Vegas accidents. However, the two year period does not begin until the “date of discovery” – i.e. the date on which you realized that you had suffered a loss, an injury or the deterioration of an existing condition due to the negligence of somebody who owed you a duty of care.
In most claims for accident compensation in Las Vegas, the “date of discovery” will be the same date on which your accident occurred. However, there are times – say, for example, in medical malpractice cases – in which an injury may not be discovered until many years after the negligent action – or lack of action – has taken place. To avoid your claim for being injured in an accident in Las Vegas being time barred by the Statute of Limitations, you should always speak with a Las Vegas accident lawyer at the first practical opportunity.
What if your Child has been Injured in an Accident in Las Vegas?
If your child has been injured in an accident in Las Vegas, the Statute of Limitations does not apply until they reach the age of eighteen years; however you should not delay in speaking with a Las Vegas accident lawyer so that evidence of negligence can be collected while it still exists to support your child´s claim for compensation for an accident in Las Vegas.
It is also important to note that a child cannot represent themselves in claims for accident compensation in Las Vegas and you, as their parent, will have to act on their behalf as a “guardian ad litem”, unless you are the negligent party that has been responsible for your child sustaining an injury – for example if you were the driver of a car and your child was injured as a passenger in an accident because you failed to pay due care and attention while you were driving.
Beware of Intervention by Insurance Companies
One further consideration in relation to claims for compensation for Las Vegas accidents is the intervention of insurance companies. Most accident victims have little experience of claiming for being injured in an accident in Las Vegas or what their claim is worth. Insurance companies know this and may approach you – having been alerted by their negligent policyholder – with an unsolicited offer of compensation for Las Vegas accidents.
Insurance companies look out for their own interests – rather than those of the victim – and, if you accept an inadequate settlement of compensation for Las Vegas accidents which proves to be insufficient to pay your medical expenses or support your family, you cannot go back to the insurance company and claim additional compensation for an accident in Las Vegas.
Speak with a Las Vegas Accident Lawyer for Free Legal Advice
Our free injury claim assessment service enables victims of accidents to speak with a Las Vegas accident lawyer to obtain practical and impartial advice about claiming compensation for an accident in Las Vegas. There is no fee or obligation on you for using our service, and all calls to our free service are completely confidential.
Even relatively minor injuries can result in an accident victim spending a considerable period of time away from work and, if the accident did not occur in the workplace, it may be necessary to claim compensation for an accident in Las Vegas in order to support your family or pay your medical expenses.
Consequently we are available 24/7/365 to answer your questions about insurance coverage, your eligibility to claim compensation for Las Vegas accidents, and how to make claims for accident compensation in LasVegas in relation to your specific circumstances.