Personal injuries can happen anywhere. Whether you’re out and about on your regular errands or on vacation in Las Vegas, you should know that there are laws that can help you get the compensation you deserve.
A Las Vegas personal injury attorney can get you the legal help and assistance you need. You’d want to get in touch with them as soon as possible, especially because there is only a limited amount of time you can pursue a claim.
Personal Injury Laws for Victims
Personal injury law offers a legal remedy to individuals suffering from losses as a result of an accident. Otherwise known as tort law, it opens an avenue for the injured party to claim compensation by filing a civil lawsuit in court.
Personal injury laws apply to accidents such as slip and falls, car accidents, and medical malpractice; intentional acts such as assault and battery; defective products; and defamation.
Statute of Limitations
You should immediately get in touch with a Las Vegas personal injury lawyer to get the process started. That’s because there is a statute of limitations observed for personal injury cases.
The Nevada statute of limitations on personal injury is set to two years from the date of your accident. However, there are other cases where there is a delayed start. Despite this time limitation, there are exceptions for victims with complex cases.
In case of a wrongful death or fatal injuries, the statute only runs from the date of death. With the Discovery Rule exception, the two-year mark only starts upon the discovery of the cause of injury. Traumatic brain injury resulting from a slip and fall, for example, may take years before it is discovered.
Another exception is applied to cases involving minors, the mentally ill, or the disabled. The parent or guardian must file the suit on their behalf. The injury must be proven that the accident gave rise to or contributed to the development of the condition to win a lawsuit.
Although it may seem like it’s such a short window to work with, it’s actually more beneficial for you to file within the statute of limitations. That’s because many pieces of evidence may become lost or eroded over time, which can affect the strength of your case.
Also, you’ll need all the financial help you can get, so your savings don’t get drained. The costs of treatment, recovery, and rehabilitation are certainly not cheap.
Comparative Negligence Law
Some injured worry about not getting any compensation due to the fact they are also at fault, but that is not what happens.
Comparative negligence law states that a party’s fault or negligence will be determined based on their actions contributing to the accident. The state of Nevada adheres to the modified comparative negligence law, which essentially states that the amount of your compensation will be computed to factor in how much of it was your fault.
If the investigation finds that you were 30% responsible for the accident, then you’ll only be awarded 70% of the compensation. This is still a favorable option, though, because you’re still getting compensated instead of being denied it altogether.
No Damage Caps
There are no damage caps in the state of Nevada. This means that the amount of compensation in a personal injury lawsuit can go as high as it can go.
The only exception is in the case of public employees. In this case, the compensation is capped at $100,000 – exclusive of interest.
Hiring a Personal Injury Accident Attorney
Without any legal assistance, any victim can’t really maximize what laws have for them, protecting their interest. That is why it is crucial to have a personal injury lawyer. An attorney can help create a strategy that maximizes the laws in your favor as the injured party.
They can also help with gathering pieces of evidence proving the liability of the other party, including finding witnesses and getting their statements, getting the police report, securing your medical records and keeping track of your medical procedures undertaken, and more.
Get legal help from the Boyack Law Group in case you need to file a claim for personal injury compensation. Injury lawyers of Nevada can get you the timely and appropriate legal help you need.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now