Have You Suffered an Injury in a Las Vegas Accident?
If you have suffered an injury in a Las Vegas accident for which you were not totally to blame, it is important for you to know how to claim for an accident in Las Vegas. Injury claims for compensation in Las Vegas follow different processes depending on the nature of the accident and injury you have suffered. Furthermore, no two injury claims for compensation in Las Vegas are the same due to how injuries sustained in an accident impact the individual victim and their quality of life.
Consequently, it is essential that you obtain appropriate advice about your rights and the legal channels available to you to pursue injury compensation in Las Vegas. Therefore, although this article provides details of how to claim for an accident in Las Vegas, it is no substitute for speaking with an accident lawyer in Las Vegas to obtain legal advice which is relevant to your specific circumstances.
Eligibility to Claim Injury Compensation in Las Vegas
In order to be eligible for injury compensation in Las Vegas, you must have sustained an injury in an accident for which somebody else was to blame – either due to their negligent actions or because of a lack of action. Your injury need not be physical before you can make injury claims for compensation in Las Vegas as psychological traumas are also counted as personal injuries; but claims for injury compensation in Las Vegas must be supported by medical evidence that an injury has been sustained.
In most accident scenarios, people who have suffered an injury in a Las Vegas accident will have gone to a medical center or seen a doctor very soon after their accident; but there are occasions on which injuries are slow to manifest and, if you have not already sought medical attention, it is vital that you do so as soon as possible in order to have your injuries examined, treated and entered into your medical history.
Making Injury Claims for Compensation in Las Vegas
Injury claims for compensation in Las Vegas also have to be supported by proof that the person responsible for causing an accident acted negligently. In the best possible scenario, you will have suffered only a mild injury and been able to report your accident or take photos of the accident scene using the camera facility on your mobile. If the severity of your injuries made it impossible for you to complete either of these procedures, there may be other avenues of supporting injury claims for compensation in Las Vegas.
CCTV video and witness statements can be used by an accident lawyer in Las Vegas lawyer to establish negligence and support claims for injury compensation in Las Vegas. It is also possible that the police attended the scene of your accident and compiled a report, or – if your injury was sustained at work – that the cause of your accident has been investigated by officers from the Occupational Safety and Health Administration (OSHA).
How to Claim for an Accident in Las Vegas
Once proof of injury and negligence has been assembled to support your claim for injury compensation in Las Vegas, your lawyer will claim for an accident in Las Vegas against the negligent party (or parties). Injury claims for compensation in Las Vegas are made under tort law, and it is important that you use the services of an accident lawyer in Las Vegas who is familiar with the local system of how to claim for an accident in Las Vegas to ensure you receive an appropriate settlement of your claim.
Injury Claims for compensation in Las Vegas most often are not resolved in court. Most settlements of compensation for an injury in a Las Vegas accident are negotiated before court action is necessary. However, your accident lawyer in Las Vegas will need to prepare the strongest possible case on your behalf in order that he or she is prepared to go to court with your claim for an accident in Las Vegas if an acceptable settlement cannot be agreed.
Time Limits to Claim for an Accident in Las Vegas
The time limits to claim injury compensation in Las Vegas are set by the Nevada Statute of Limitations. This means that you have two years in which to claim compensation for an injury in a Las Vegas accident. Although the two year time limit does not commence until the “date of discovery” – i.e. the date on which you were diagnosed with an injury – you should speak with an accident lawyer in Las Vegas in good time for the proof of injury and negligence to be assembled.
In most claims for an injury in a Las Vegas accident the “date of discovery” will be the same as the day on which your accident occurred. However, there are times – especially in medical malpractice cases – where an injury may not become apparent until many years after the negligent action which caused it. So that you claim for injury compensation is not time-barred by the Nevada Statute of Limitations, you should seek legal advice from an accident lawyer in Las Vegas at the first practical opportunity.
What if your Child has Suffered an Injury in a Las Vegas Accident?
If your child has suffered an injury in a Las Vegas accident, the Nevada Statute of Limitations does not apply until your child is eighteen years of age. The same advice about speaking with a lawyer applies – so that evidence of negligence can be collected while it is still fresh – but different methods apply to how to claim for an accident in Las Vegas.
Children are unable to act on their own behalf in injury claims for compensation in Las Vegas and you, as their parent, will have to represent them as a “guardian ad litem”. Settlements of injury compensation in Las Vegas in cases where children are the injured party have to be approved by the District Court before the claim can be resolved. Thereafter, the funds are kept in a trust until your child is a legal adult – although it is possible for you to access them for medical and educational needs.
Unsolicited Offers of Compensation by Insurance Companies
Injury claims for compensation in Las Vegas can often be hijacked by unsolicited offers of compensation from insurance companies. This occurs when an insurance loss adjuster visits you with an offer of injury compensation in Las Vegas in return for a quick settlement. No matter how short of money you are, or how tempting the offer appears, you should always refer unsolicited offers of compensation to an accident lawyer in Las Vegas.
The majority of accident victims have little experience of claiming compensation for an injury in a Las Vegas accident – or what their claim is worth. Insurance loss adjusters are aware of this and their offer is likely to be in the best interests of the insurance company – rather than in your best interests. If you inadvertently accept an offer of compensation for an injury in a Las Vegas accident which proves to be inadequate for your needs, you cannot go back to the insurance company and ask for more!
How Comparative Negligence Affects Injury Compensation in Las Vegas
Any settlement you receive of injury compensation in Las Vegas may be reduced if you are considered to be guilty of “comparative negligence”. This means that you have contributed to the cause of your accident or the extent of your injury due to your own lack of care. An example of comparative negligence would be if you failed to seek medical attention in a timely manner and your injury deteriorated as a result.
“Comparative negligence” can also relate to accidents in which two or more parties are responsible for causing the accident in which you were injured. An example of this would be if a car pulled out in front of you at an intersection and you braked sharply to avoid hitting it, but a car that had been travelling to close behind you failed to stop in time and rear-ended you. Comparative negligence in this scenario can result in a delay of compensation for an injury in a Las Vegas accident while the two negligent parties negotiate what proportion of liability each should accept.
Get Free Legal Advice from an Accident Lawyer in Las Vegas
Because of the many different scenarios in which accidents can occur and in which injuries can be sustained, it is important that you speak with an accident lawyer to establish how to claim for an accident in Las Vegas in relation to your individual circumstances.
To help you gain access to free legal advice, we have set up an injury claim assessment service which will enable to discuss the circumstances of your accident with a dedicated accident lawyer in Las Vegas, who will guide you through the process of how to claim for an accident in Las Vegas.
There is no obligation on you to act on any of the advice that is offered to you or to proceed with a compensation claim for an injury in a Los Vegas accident. Our intention is to provide you with the information you need about how to claim for an accident in Las Vegas so that you can make an informed judgment on whether you have a claim for injury compensation in Las Vegas which is worth your while to pursue.