Almost any type of accident can cause a serious injury. Whether you’re dealing with physical injuries, emotional damages, or both, your accident may have an impact on the quality of life that you’re used to living — some injuries might even lead to death. In one brief moment, you could be faced with lifelong damages due to no fault of your own, and your future could depend on the outcome of your personal injury case.
If you or someone you love has been seriously injured in an accident, don’t waste time contacting just any attorney. The De Castroverde Accident & Injury Lawyers in Las Vegas specialize in serious personal injury cases, and we can provide you with the legal representation you deserve.
How Do I Know if I Have a Valid Legal Case?
For a personal injury case to have merit in court, you must have sustained substantial injuries or damages due to the negligence of another person. A full investigation of your claim and an examination of all the evidence involved will determine if your case will hold up in court.
When you meet with one of our attorneys, we’ll go over the type of accident, injuries sustained, and any other damages, such as medical bills that you’ve incurred due to the injury. At De Castroverde Accident & Injury Lawyers, we handle the following types of cases:
- Car accidents
- Bicycle or motorcycle accidents
- Truck and other automobile accidents
- Swimming pool accidents
- Fire accidents
- Nursing home abuse
- Medical malpractice
- Wrongful death
- Workplace accidents
- Product liability
- Medical malpractice
When Should My Case Go to Trial?
Whether your personal injury case should be taken to trial depends on what you potentially have to gain versus what you are risking. If the odds are better if you take your case to trial, it makes sense that you would. For example, if the other side is offering a settlement that is within the range you would likely get if you went to trial, then going to trial will likely have a good outcome for you.
Conversely, if the other side is offering a settlement that makes the cost, time, and risk of going to trial seem too expensive or not worth it, you may not want to. Some things to consider are:
- Are the issues in the case clear?
- Is the opposing party being unreasonable?
- Are you prepared to wait for your trial date?
- Will you gain enough to outweigh the cost and time of going to trial?
- Can you handle the stress of a trial?
- Is a judge likely to rule in your favor, or is there another way to gain compensation?
Unfortunately, there is no easy way to decide whether it is definitively worth it to take a personal injury case to trial or not. There are many factors to take into consideration, and the decision is best made with the help of a personal injury attorney at your side.
Liability in a Personal Injury Case
One of the most important aspects of a personal injury claim is determining who was liable for the accident. Deciding who was at fault in an accident and for injuries that occurred, as a result, will impact the entire case. Our team of skilled personal injury attorneys will prove who was at fault as they investigate the evidence, then they’ll present your case and prove who was responsible for the accident and that your injuries are a direct result of that accident, and you’ll get the compensation you deserve.
Statute of Limitations for Serious Injuries in Las Vegas, NV
In a personal injury case, it’s essential to move quickly, so the statute of limitations as defined by NRS 11.190 is not exceeded. This statute covers personal injury cases, including car accidents, wrongful deaths, slip-and-falls, and other types of serious injuries, and for most cases, the timeframe is limited to two years from the date of the accident to file a civil action lawsuit. Within this time frame, you’re advised to seek legal representation if you feel it’s appropriate. Once legal action on your lawsuit commences, you’re no longer limited to a specified timeframe before the case is presented and compensation is claimed.
When Does the Statute of Limitations Begin in Nevada?
In most cases, the statute of limitations starts on the day you are injured, or the day an injury is discovered, which is known as the Discovery Rule. This can change the start date for the statute of limitations from when you were injured to when you find out about the injury to give you time to file a lawsuit.
For various injury cases, the statute of limitations time runs differently, such as in the following cases:
- When you are injured in Nevada but live in another state, the statute of limitations does not restart or delay starting when you go back home.
- Worker’s compensation claims must be filed within 90 days of the accident to receive benefits. Wrongful death lawsuits must be filed within one year following the accident, and a claim notice must be sent to the employer within a week (seven days) of the wrongful death.
- Injuries caused by negligence have a statute of limitations of two years but can also be lengthened in some circumstances.
- Medical malpractice cases have a statute of limitations anywhere from two years from its discovery to three years or longer if a health care provider concealed their negligible actions.
Serious Injuries Involving Minors
The statute of limitations for personal injuries involving minors runs out when a minor turns 18 years old. This law applies unless it has been less than a year since the injury is discovered. For malpractice cases, the time range can run two years or more depending on the type of injury and how old the child is when the malpractice occurs. In sex abuse cases, the statute can run 10 years long
In any case, parents are responsible for acting on behalf of their children in personal injury cases, including those concerning malpractice.
Other cases when the statute of limitations may be delayed or prolonged include (but are not limited to):
- When an attorney or other legal official conceals an illegal action that the plaintiff did not know about or could not have reasonably known about
- When a defendant is outside of Nevada
- When a death occurs, in which case an estate has one year to bring forth a claim
- When a party is a citizen of a country the United States is at war with
- When a case has been overturned and claims are brought forth, they must be presented within one year of the reversal.
Never assume it is too late to file a lawsuit before consulting with legal counsel. Due to the many exceptions and instances in which the statute of limitations varies, it is best to consult an attorney to understand the reaches and limitations of your case.
What Type of Compensation Can I Receive?
When a person sustains serious injuries in Las Vegas, the financial compensation awarded in a personal injury claim may be significant. This is because extensive medical bills, lost wages, and future damages are involved in these claims. To properly evaluate the worth of your catastrophic injury case and to represent your interests and financial needs, an injury attorney at our offices will typically work with medical professionals and expert witnesses in economics and psychology.
Nevada law distinguishes three different types of compensation that include economic, non-economic, and punitive damages, which can include:
- Compensation for economic damages covers any financial losses you’ve experienced due to your accident and injuries, such as medical bills, rehabilitation and therapy costs, long-term care, and lost wages. This is also called compensatory damages.
- Non-economic damages include emotional pain and suffering and the loss of your quality of life. If the injuries resulted in wrongful death, you could also be compensated for the loss of financial and emotional support, the loss of companionship, and more. Consulting with an attorney will ensure that you receive the full amount to which you’re entitled.
- Punitive damages are often included as a means to further penalize the negligent party.
Limitations to Damage Lawsuits
In most personal injury cases, Nevada does not limit the number of damages you can receive from a defendant. In ordinary cases, you may be able to recover very large sums. However, some lawsuits are subject to “damage caps” or a maximum amount of money you can recover. These caps apply to malpractice, lawsuits against public employees or landowners, and some punitive damages.
Medical malpractice lawsuits are capped at $350,000 according to Nevada law’s on recoverable non-economic damages. In cases against state and local government officials and landowners, damages are capped at $100,000 and will not include punitive damages. The lawsuit is valid only if the public employee fails in the scope of their employment.
Punitive damages (“punishment” for wrongdoing) are limited in most cases, according to Nevada’s NRS 42.005 legislature on damages. This limit is at $300,000 if the compensatory damages (compensation for losses) are less than $100,000. Limitations for this amount do not apply to:
- Manufacturers, distributors, or sellers of defective products
- Insurers who act in bad faith toward providing insurance coverage
- People who violate a state or federal law against discriminatory practices
- Damages for injuries caused by hazardous materials
- Defamation cases
How Can a Personal Injury Attorney Help?
People who were seriously injured in an accident due to the negligence of others are sometimes awarded substantial compensation that helps them pay for any medical bills they’ve accrued, lost wages or a complete inability to work, and future damages that may happen because of their injuries. An attorney will make sure that your evidence is fairly presented and that you aren’t left with thousands of dollars in bills due to an accident that wasn’t your fault.
At De Castroverde Accident & Injury Lawyers, our attorneys will diligently fight to ensure you’re represented in court by someone who’s on your side. An appointment with one of our personal injury lawyers will give us a clear picture of your case, which will help us present your case appropriately. We’ll work with medical professionals and other experts to put together a defense in your favor.
We Can Help You Avoid Accepting Too-Low Settlement Offers
Even though you can file a personal injury claim or lawsuit on your own, the other party’s insurance company will likely offer you a settlement that’s lower than the compensation amount you ought to receive. This is why choosing the right personal injury attorney is essential. You should work with someone who has your best interests in mind and who won’t be discouraged if your initial claim is denied. You won’t need to accept the initial amount because working with the right attorney will mean that you’ll have more options.
Our team of legal experts will help you navigate the complicated laws and statutes surrounding a serious personal injury claim. For many years, we’ve provided the Las Vegas community with a reputable choice for legal representation that helps them win. We focus on getting you back to a high quality of living without the burden of substantial medical bills and other costly expenses resulting from your accident. Reach out to us today and schedule a consultation with one of our lawyers.
Contact De Castroverde Accident & Injury Lawyers Today
De Castroverde Accident & Injury Lawyers is a serious personal injury attorney law firm that specializes in personal injury claims, including severe burns, spinal cord injuries, amputations, brain damage, head trauma, burns, internal injuries, and broken bones. We promise to pursue the highest possible compensation for your injuries so you can focus on rebuilding your life and moving forward.
Contact us today to get the help you need. We’re available by phone during regular business hours or online 24 hours a day. At De Castroverde Accident & Injury Lawyers, we look forward to helping you with your personal injury case.