Personal injury law is the branch of law that deals with people who have been injured physically or psychologically by another person or product. Personal injury law, also known in the United States as Tort law, allows a person to seek legal remedy or compensation from the injuring party. This is known in the legal system as being “made whole”.
The Different Types Of Personal Injury:
- Accidents, such as vehicle accidents, slip and fall accidents, or injury on someone’s property.
- Intentional Acts of Harm, such as assault and battery, or any act that deliberately harms another person
- Defective Products are products that injure persons, another area of personal injury law that may entitle a person to receive compensation.
- Defamation of character is damaging a person’s reputation or spreading false claims about a person.
What Happens When I File An Injury Claim?
When your experienced Las Vegas personal injury lawyer files a claim on your behalf, you become the “plaintiff” and the party causing the injury becomes the “defendant”. When your claim is filed, the first stage involves gathering evidence, taking depositions from witnesses, and exchanging documents between the insurers and your attorney.
This process is called “discovery”. During the discovery process your attorney may inform you that the “defendant” has offered a settlement. It is not uncommon for most cases to be settled out of court, before the case reaches a trial.
If your case goes to trial, a jury will be selected. Your attorney will subpoena witnesses, present evidence, and argue that you have been injured through the defendant’s negligence, and ask for compensation.
A personal injury trial is different than a criminal or civil trial where there must be proof “beyond a reasonable doubt”. During a personal injury or “tort” claim, the standard of proof is lower than a civil or criminal trial. Your attorney must prove that “more likely than not” the defendant is liable for any claims presented. In a PI trial, each claim must be believed “more likely than not” true. A jury can then find some claims more likely true than not and the opposite of other claims.
How Do I Know If I Am an Injury Victim?
Vehicle: If you are involved in a car accident, truck accident, or motorcycle accident, then your lawyer has to show that the defendant driver did not exercise “reasonable care” when operating their motor vehicle.
Property: Getting injured on the property of an individual or business does not automatically entitle a person to an injury claim. When filing a claim against a property owner it has to be demonstrated that the property owner was aware of the potential for injury and did not make anyone aware of the potential danger on the property. This type of claim falls under what is known as premises liability.
Neglect/Abuse: If you feel that you or a loved one are the victim of abuse or negligence, which are defined as intentional harmful acts by the caregiver such as in elder abuse cases or day care negligence, you may be entitled to a personal injury claim. It needs to be shown that the acts were deliberate, intentional, and a violation of mandated standards of the State in which the caregiver or facility is licensed.
Bad Faith Insurance Claims: You could also be the victim of your insurance company acting in bad faith. The insurance company may deny your claim or offer you the minimal amount that you are entitled. A bad faith insurance claim simply means that the insurance company has wrongfully denied you, or offers you much less than what you are entitled to.
Are There Time Limitations On When I Can File A Claim?
States have their own statute of limitations when it comes to filing a claim against the injuring party. In the State of Nevada, the statute of limitations is, generally speaking, two years. Fraud claims can be made up to three years, and medical malpractice four years. It is important to speak with an attorney as soon as possible to stay within the statute of limitations and to give yourself the best opportunity to hold the party accountable.
Our firms founder, Mr. Dallas Horton, represents victims in all areas of personal injury. If you or your family member has been injured through no fault of your own please give us a call for a free review of your case.