What is a Personal Injury Case?

You may have a personal injury case if you suffered harm due to another party’s negligence, recklessness, or intentional misconduct. Personal injury cases aim to compensate the harmed party for their losses, including medical bills, lost wages, or pain and suffering. A personal injury lawyer at Cogburn Davidson Car Accident & Personal Injury Lawyers can help you recover potential compensation if you or a loved one has been injured.

Personal Injury Claims vs. Personal Injury Lawsuits 

The terms “claim” and “lawsuit” are often used interchangeably, but they refer to different stages of the personal injury process. 

  • Personal injury claims: A claim is an informal process initiated by the injured party to negotiate a settlement with the at-fault party or their insurance company. Most personal injury cases are resolved at this stage without going to court.
  • Personal injury lawsuits: A personal injury lawsuit is a formal legal action brought before the court, where a judge or jury determines liability and the amount of compensation, if any. You may need to file a lawsuit if your personal injury claim cannot be resolved through negotiation and settlement.

A Las Vegas personal injury lawyer can help if you have been injured and need to pursue a personal injury claim or lawsuit.

Types of Personal Injury Cases in Las Vegas

Personal injury cases in Las Vegas often stem from a variety of incidents. Our personal injury team can help if you have been injured in any number of accidents, including:

  1. Car accidents: Negligent or reckless driving involving speeding, distracted driving, or driving under the influence can lead to car crashes and injuries.
  2. Slip and falls: Property owners who fail to maintain safe premises or warn of known hazards can be held liable for falls and resulting injuries.
  3. Workplace injuries: Injuries occurring on the job may lead to workers’ compensation claims or personal injury lawsuits if a third party is responsible.
  4. Medical malpractice:  Healthcare providers may be held liable for injuries if they fail to meet the standard of care through misdiagnosis or mistreatment.
  5. Defective products: Under product liability laws, manufacturers can be held accountable for injuries caused by defective or dangerous products.
  6. Dog bites: Dog owners may be liable for injuries caused by their pets, especially if the animal has a history of aggressive behavior.

Schedule a free consultation with a Las Vegas personal injury lawyer after an accident to determine if you or a loved one has a personal injury case.

Signs You May Have A Personal Injury Case in Las Vegas

It is important to determine whether you may have a valid personal injury case after sustaining an injury in Las Vegas. Common signs to look for include:

  • Injury caused by negligence: You may have a case if another party’s careless actions or intentional misconduct directly caused your accident and injury.
  • Financial losses: You may have grounds for a claim if you incurred losses related to medical treatment, rehabilitation, or missed work due to your injury.
  • Evidence of liability: Photographs, witness statements, police reports, and medical records can strengthen your case.

A Las Vegas personal injury lawyer can evaluate the facts surrounding your accident to determine whether you may have a personal injury claim for damages.

How Do You Prove A Las Vegas Personal Injury Case?

Proving a personal injury claim requires demonstrating that someone else’s negligence caused your injury and damages. You generally need to establish four elements:

  1. Duty of care: You must show that someone else owed you a duty to act with reasonable care to prevent harm.
  2. Breach of Duty: You must show the person breached their duty. This could involve demonstrating that a driver was speeding or a property owner failed to address a hazardous condition.
  3. Causation: You must establish a direct link between their breach of duty and your injuries using medical records, accident reports, or other evidence. 
  4. Damages: You must show you suffered harm because of your accident. This includes medical expenses, lost wages, and non-economic losses like pain and suffering.

An experienced Las Vegas personal injury lawyer can help you collect and present a strong personal injury case.

What Compensation May Be Available for My Las Vegas Personal Injury Case?

The compensation available in a personal injury case is typically divided into two main categories: economic and non-economic damages.

Economic Damages

Economic damages compromise your quantifiable financial losses from your accident and injury. These may include:

  1. Medical expenses: This includes hospital bills, doctor visits, medications, physical therapy, and any other current or future medical treatments related to your accident.
  2. Lost wages: This includes compensation for lost income and reduced earning capacity if your injury prevents you from working.
  3. Property damage: This includes costs to repair or replace property damaged during your accident.
  4. Out-of-pocket costs: This includes costs for transportation to medical appointments, home modifications, or assistive devices after an accident.

A Las Vegas personal injury lawyer can assist with calculating your economic damages after an accident to help avoid leaving some unaccounted for.

Non-Economic Damages

Non-economic damages compensate for intangible losses after your accident and injury. These may include:

  1. Pain and suffering: This includes compensation for physical pain and suffering from your injury due to its severity and the length of your recovery. 
  2. Loss of enjoyment of life: This includes compensation for injuries that prevent you from enjoying activities you once loved or enjoyed.
  3. Emotional distress: This includes compensation for anxiety, depression, and other mental health challenges stemming from your accident.
  4. Loss of consortium: This includes compensation for a spouse if your injury negatively impacts your relationship.

Non-economic damages can be more difficult to calculate. A Las Vegas personal injury lawyer may work with expert witnesses, such as medical professionals or accountants, to determine the value of your losses.

Injured in Las Vegas? Schedule a Free Consultation with a Las Vegas Personal Injury Lawyer

Time is of the essence since Nevada law imposes a two-year statute of limitations on most personal injury claims. Contact Cogburn Davidson Car Accident & Personal Injury Lawyers to schedule a free consultation at 702-996-4786 and take the first step toward recovering the compensation you need to move forward.