Injury Lawyer in Las Vegas, NV
If you have suffered serious personal injuries in an accident caused by someone else’s negligence, you face an uphill battle to return to health. You’ll need appropriate medical treatment, which may include emergency attention, surgery, rehabilitation, physical therapy, and long term care. It’s possible that you may be out of work due to your injuries, resulting in lost wages. Plus, there will be pain and suffering, and effects upon your personal relationships. Nevada law does allow victims to recover compensation through a personal injury claim, but these cases can be extremely complex.
At Paul Padda Law, our accident lawyers know that you need a strong advocate on your side during this time of crisis and financial hardship. We understand the devastating consequences of injuries, and we’re at your side to help navigate the complicated claims process. Our injury lawyer will fight for the compensation you deserve, whether pursuing the responsible party’s insurance company or taking the battle to court. We’re dedicated to tackling the challenging legal and procedural issues, so you can focus on rebuilding your life in the aftermath of a serious accident.
Nevada Injury Lawyer Fighting for the Rights of Accident Victims
Our Las Vegas injury lawyer handles a wide range of cases in which people suffered injury to their bodies, which is really what “personal injury” means. Most of these cases are based upon the theory of negligence, where the responsible party’s careless actions result in injuries to a victim. In order to prevail on this type of claim and get the compensation you deserve, you must prove the basic elements of a lawsuit for negligence:
- The responsible party had a duty to exercise reasonable care under the circumstances, so as to not cause harm. At times, the legal duty arises due to the relationship between the wrongdoer and the victim, such as the duty a doctor owes to a patient to provide competent medical care. Other examples include the duty a motorist has to operate a car safely to avoid injuring others on the road, or the duty a property owner owes to keep the premises safe for those who enter upon it.
- The wrongdoer breached the duty of care through his or her actions, or failure to act. The standard used to determine a breach looks to how a reasonably prudent person would have acted under the same circumstances as the responsible party. There may be a breach where the wrongdoer acted contrary to what an average person would to avoid causing harm to others.
- The breach of duty was a direct cause of your injuries. There must be some causal relationship between the responsible party’s actions and your injuries. Even if that person was acting carelessly, there is no liability in the absence of a direct link. In some cases, cause may be established by focusing on whether the wrongdoer could have reasonably foreseen that his or her actions put others at risk of injury.
- You suffered losses due to your injuries. Finally, you must prove that you sustained some sort of loss as a result of your injuries, for which you are entitled to compensation from the responsible person.
Damages in a Personal Injury Case: The amount of compensation for your losses is based upon the legal theory of damages, which generally fall into two categories in a negligence case:
Economic Damages: When losses can be ascertained by documents or other proof, the damages are economic in nature. They include:
- Medical Bills: You will incur medical costs for the treatment provided by healthcare practitioners. The bills from treating physicians, specialists, chiropractors, occupational therapists, surgeons, and other healthcare professionals are included in this category.
- Lost Wages: If you’re out of work after the accident that causes your injuries, you can recover the lost wages you would have earned had the incident never occurred. Pay stubs and tax records are typically used to prove these amounts.
Non-Economic Damages: Damages falling in this category are those that cannot be ascertained by documentary proof, but they are still losses. Non-economic damages include:
- Pain and Suffering: It may be hard to describe exactly how much pain and suffering you sustain when injured in an accident, but you most definitely experience discomfort ranging from mild to severe. Proving pain and suffering is possible through use of medical experts, who may testify as to the nature of the injury, length of recovery, and type of medication prescribed.
- Emotional Distress: You may suffer emotional anguish as a result of your injuries, due to the devastating impact on your life, personal freedoms, and routine. Here, an accident lawyer would also turn to medical experts to establish emotional distress, such as through psychiatric records or diagnosis of a mental disorder.
- Loss of Society, Companionship, Consortium: These non-economic damages go by different terms, but they all refer to compensation you can recover for the impact upon on your relationships with loved ones after an accident.
Legal Issues that May Impact Compensation: There are a number of laws and legal theories that may limit your right to compensation or reduce your compensation amount.
- Statutory Cap on Damages: Nevada is one of many states that have enacted legislation limiting the amount a plaintiff may recover for non-economic damages in medical malpractice cases. The cap on these types of damages is $350,000. However, this limit does not apply to economic damages or other types of personal injury cases.
- Statute of Limitations: State law places a limit on how much time you have to file a lawsuit against the person responsible for your injuries. In general, you have two years from the date of your accident to sue, subject to certain exceptions. If you don’t file your case in court within Nevada’s statute of limitations, you are forever barred from suing for damages.
- Comparative Negligence: If you are partly to blame for the accident that caused your injuries, Nevada law will reduce your amount of compensation according to a rule called modified comparative fault. The key factor is the percentage of fault attributed to your own actions. Therefore, if a jury finds you 40 percent responsible, your total compensation will be 40 percent less.
Compassionate, Dedicated Injury Lawyer
If you sustain any injury because of negligence, call Paul Padda in Las Vegas. Padda and his accomplished team have years of experience helping people pursue compensation for their losses in Las Vegas and throughout Nevada. If you or a loved one was hurt and it wasn’t your fault, you will need a law firm that has access to top expert witnesses, displays confidence in the courtroom and can deliver fast and fair results.
Along with car accidents and truck accidents, some of the other personal injury cases we routinely handle include:
Consult with a Las Vegas Injury Lawyer Who Puts Your Interests First
The knowledgeable injury lawyer at Paul Padda Law have extensive experience representing injury victims throughout Las Vegas, fighting for their rights to financial compensation after an accident. Please contact us today online or call us to schedule a free case assessment.