6 Things to Consider Before Filing a Personal Injury Case

Were you or a loved one injured in a car, truck, motorcycle, or bicycle accident? Did you suffer injuries from a slip, trip, or fall? Was a loved one the victim of medical misdiagnosis or a doctor’s negligence? Were you injured while using a defective product?

If you answered yes to any of these questions, you might want to know more about filing a personal injury case in Nevada. Meet with the Las Vegas personal injury attorneys at De Castroverde Law Group to answer those questions and many more. How do you prove someone else is responsible for your injuries? How do you know if you suffered a quantifiable injury? Are you within the statute of limitations to file a personal injury claim or lawsuit? Continue reading to learn about the six things to consider before filing a personal injury case in Nevada and how the De Castroverde Law Group – Accident & Injury lawyers can successfully help you navigate the unique injury process in Nevada.

How Do You Prove Someone Else Is Responsible for Your Injuries?

Generally, personal injury cases in Nevada require victims to prove that their injuries were caused by the negligent act or failure to act of another person or business. To demonstrate another person’s negligence caused your injuries, you must show that: 

  • The accused person owed you a duty.
  • The accused person’s act or failure to act was unreasonable and caused your injuries.
  • You suffered some form of quantifiable injury, which entitles you to compensation or damages.

In a medical malpractice case, you must prove that your healthcare provider was negligent in their care of you, and their actions did not conform to the standard level of care that a similar healthcare professional would have displayed.

In a product liability case, where a defective product injured you, Nevada requires you to prove the following:

  • The product was defective.
  • The defect existed when it left the manufacturer or distributor’s possession.
  • The product was used reasonably foreseeable by the manufacturer or distributor.
  • The defect was the cause of your injuries.

How Do You Know if You Suffered a Quantifiable Injury?

Injuries that result from physical harm and property damage are typically considered quantifiable injuries. In Nevada, quantifiable injuries are those that result in economic damages. Economic damages are tangible, financially based, and determined on actual monetary loss. Typical economic damages include:

How Long Do You Have to File Your Personal Injury Case?

Nevada has a two-year statute of limitations for personal injury cases. To be eligible to have your personal injury case put before the court, you must have filed your claim within two years of the date the accident occurred, or you forfeit your right to recover compensation for your injuries. Failure to file your lawsuit within the statute of limitations results in your claim being time-barred and prohibited from ever being filed.

How Much Is the Average Personal Injury Case Worth in Nevada?

Every personal injury case is different, and the value of your personal injury case will depend on a variety of factors. In general, average personal injury settlements amount to between $3,000 and $75,000.

Nevada applies a particular rule, known as a modified comparative fault rule when an injured person is found to share the fault for an injury. Under this rule, you may recover a reduced amount of damages if you are less than 50 percent at fault for the accident. However, if you’re found to be 50 percent at fault or more, you will be prohibited from receiving compensation.

How Long Do Personal Injury Case Proceedings Last?

Every personal injury case is unique, and personal injury law is complex, making it difficult to determine how long your case will take accurately. More than 90% of personal injury cases are settled out of court within 18 months in Nevada.

For those cases that do not settle out of court, it takes between one to three years to receive a verdict in a personal injury case, depending on the case type:

  • Personal injury cases, including premises liability and vehicle accidents, average 25 months.
  • Medical malpractice cases average 33 months.
  • Product liability cases average 35 months.

Some factors that may affect the length of time of litigation include:

  • The severity of your injuries.

    Cars Driving in Las Vegas

  • The amount of your claim and the damages you are seeking.
  • Your lawyer’s personal injury experience.
  • The complexity of your case.

What Is the Estimated Cost of Personal Injury Litigation?

Most personal injury attorneys work on a contingency fee basis. This means that you do not pay any upfront costs, such as legal fees or expenses for services, unless you recover compensation for your case. In Nevada, typical contingency fees range from 33 to 40 percent of your recovery, plus any court fees. In some cases, contingency fees are negotiable.

How can De Castroverde Law Group Help You with Your Personal Injury Case?

The process of filing a personal injury claim in Las Vegas may seem overwhelming, but the team at De Castroverde Law Group will assist you every step of the way, including:

  • Handling all correspondence with the insurance companies and their lawyers.
  • Filing your case with insurance and the court.
  • Obtaining all relevant documentation and evidence.
  • Negotiating settlements with insurance companies and their lawyers.
  • Getting compensation for medical expenses, pain and suffering, lost wages, and other damages associated with your personal injury claim.

With over 15 years of legal experience, our team has helped hundreds of personal injury victims in Las Vegas, Nevada, get the compensation they deserve. Our experienced personal injury attorneys handle various cases, from car accidents and slips and falls to nursing home abuse and wrongful deaths.

Contact us online or call 702-780-6462. Our bilingual, knowledgeable, and dedicated team of over 45 legal professionals and support staff are looking forward to helping you get justice and compensation while you recover.