How Do I Know If I Have A Personal Injury Case?

You can’t necessarily know if you have a personal injury case on your own. You need to contact a lawyer and get a free initial consultation to determine if you have a case or not. One of our J. Cogburn Law attorneys will be able to help you and tell you what you can expect to recover and whom to sue. Normally, you will definitely have a case if you were injured by someone else’s negligence. However, it is more complicated than it sounds, that is why it is very important to first consult with a lawyer.

Do I Have A Personal Injury Case If I Do Not Feel Hurt?

If you don’t feel hurt at the scene of the accident you may still have a personal injury case. When you are involved in an accident, your body’s response is a rush of adrenaline. This may temporarily reduce your feeling of pain. You can start feeling pain or other symptoms later on. We recommend you consult with a doctor even if you don’t feel immediate pain in the accident. Remember, the most severe conditions happen over time.

Can I Receive Compensation For My Injuries?

You absolutely can receive compensation for your injuries. The amount of compensation depends on the specifics of your case. However, the compensation increases with how severe the injury was, and the defendant’s degree of fault.

There are different types of compensation you can receive from your injuries. Compensatory damages are meant to reimburse the costs caused by the accident as well as your suffering. Generally, there are general and special damages within the compensatory damages. 

Special damages are awarded to reimburse you for the costs you incurred because of your injury. After you’ve paid all your bills related to your accident they should make you whole. These types of claims have no limits, however, you need to prove the expenses are related to your injuries. 

Some of the special damages include:

• Lost earnings
• Medical bills 
• Property loss
• Household expenses
• Expenses related to plans that had to be canceled due to the accident

General damages can compensate the victim for any damages that are not monetary and any harm they suffered because of their injuries. These include:

• Pain and suffering
• Mental anguish
• Loss of consortium

General damages can’t be filed as special damages. Special damages have to be shown by receipts, bills, and invoices. However, pain and suffering damages can be based on a formula that includes medical bills, how severe the injuries were, and the defendant’s degree of fault.

If the case is that someone else’s negligence caused a fatality, then the next of kin of the deceased can file a wrongful death lawsuit to compensate them for their loss. The possible damages to be recovered are:

• Funeral and burial expenses
• Cost of medical care 
• Emotional distress 
• Loss of expected financial contributions
• Loss of services and support
• Loss of consortium

How Much Compensation Can I Receive For My Accident?

The amount of compensation an accident victim receives can vary depending on the circumstances of the accident, as well as Nevada’s laws. These are the most commonly awarded damages:

• Ambulance Costs
• Doctor Bills
• Surgery Fees
• Hospital Bills
• Cost Of Physical Therapy
• Cost Of Alternate Transportation
• Price Of Home Health Care
• Lost Wages
• Price Of Medical Devices
• Mental Anguish
• Pain And Suffering

Should I Accept The Insurance Company Settlement?

You should never rush to accept the insurance company settlement offer. Often, insurance companies don’t have your best interest in mind, they only want to solve your claim as quickly as they can and for as little as possible. Because of this, you should wait until you have reviewed all your legal options before accepting their offer.

After your accident, the insurance company will use any tactic they have to pay your claim. However, this means you are still injured and don’t know just how far your damages can get. Sometimes injuries take time to develop and others require medical care for long periods of time. It is not possible to truly know the value of your personal injury claim just a few days after you have suffered an injury.

Contacting a personal injury lawyer before taking an insurance settlement protects you from accepting a settlement that is not good enough. It won’t provide you with the compensation you deserve. An attorney can help you make sure that the settlement covers all of your damages and injuries.

How Long Do I Have To File A Personal Injury Case?

In Nevada, the statute of limitations is two years from the date of your injury. This means you have two years to pursue action for a personal injury claim.

What Happens If I Have A Pre-existing Condition?

If you have a pre-existing condition you can still get compensation. However, the damages may be lowered to account for that pre-existing condition. It is important to know that the at-fault party might have caused the pre-existing condition to aggravate. This type of case is usually more complicated and requires the help of experts, so hiring an experienced personal injury attorney is key.

What Happens If My Injury Was Caused By Someone Else’s Negligence?

When your injury was caused by someone else’s negligence you have the right to have your injuries and other damages paid by the at-fault party. That means, mostly, dealing with the negligent party’s insurance company.

Personal injury claims exist because someone else’s negligence caused the injury. That means that the person or business at fault did something wrong or failed to take care of a dangerous situation.

When your attorney files your personal injury claim, they will have to prove that:

• The negligent party had a duty of care to avoid harming you
• The negligent party breached its duty of care through negligence
• You were injured because of that breach
• Their negligence was the proximate cause, meaning that is the “legal cause” of your injury

What If I Was Partly At Fault For The Accident?

If you were partly at fault for your accident, the damages you would otherwise be entitled to have will be reduced by the percentage of the injury you caused. However, you can only recover compensation for a personal injury if you are at fault for 50% or less.

What Should I Do If I Get Injured In Las Vegas?

Get Medical Attention

The number one thing you should do after getting injured in Las Vegas is to take care of your injuries. Whether you live in Nevada or you were on vacation at a resort, you should seek medical attention for your injury. Your number-one priority should be your health. It’s very important for your personal injury lawyer to get medical care. They will need your medical records to prove your injury happened the way you say it happened. You should keep any record and paperwork you get at the hospital.

Collect Evidence

The second thing you need to do after getting injured is to collect all of the evidence you can. That includes pictures of the scene of the accident. These can be taken by any friend or family member while you receive medical treatment.

Contact Witnesses

Witness statements are critical in personal injury cases. They usually come down to he-said-she-said. If you see any people nearby when your injury happened, ask them if they’d be willing to give a statement about anything they could’ve seen. It’s important to talk to them right away because this is Las Vegas, they probably are people on vacation. You can get their contact information to follow up with them later on for more detailed information.

If the case is that you were injured in a hotel, you can also ask them for a list of employees or guests who were near the accident.

File a Formal Incident Report

If you were injured at a hotel or a casino, there should be a place where you can file an incident report. It is very important to take the time to file a report because it prevents the staff from the hotel or casino from claiming that your injury didn’t take place on their premises. 

Normally these businesses are good at finding a way to deny any liability and will try to give you a complimentary meal, or any extras to minimize the impact of your accident. However, you should remain skeptical and file the report no matter what they offer you. 

Write a Letter of Spoliation

The incident report is very important but it’s not always enough to help you prove your case. If your accident was at a casino or hotel, check if they have video surveillance that might have the moment of your accident recorded. If so, you should write the business a letter of spoliation to request they keep the evidence. If not, they might be wanting to destroy or tamper with any evidence that proves your case in an attempt to protect themselves. 

Work With a Las Vegas Injury Attorney

If you were visiting Las Vegas, do not hire an out-of-state lawyer. Your case is considered a Nevada case, so victims should hire a Las Vegas personal injury lawyer. At J. Cogburn Law, we have represented visitors who have been injured wrongfully at casinos or hotels or by negligent drivers. We know our city and we have the experience necessary to handle your injury claim. If you already hired an out-of-state lawyer, we can work with them to file your claim.

What Are The Most Common Injuries I Can Get Compensation For In Las Vegas?

The most common injuries you can get compensation for in Las Vegas include the following:

1. Injury from someone’s negligence: anybody should have a reasonable degree of care in everything they do, be it a business, or even your own backyard. If they fail to do so and you get injured because of their lack of care, then a civil suit is appropriate to recover the compensation you deserve for your injuries.
2. Injury from a slip and fall: all public places should be safe for you, they have a duty to do so. If they don’t and you fall and get injured as a result of a hazard they knew was there, you may be eligible to recover compensation from that place.
3. Injury from someone’s intentional behavior: you can sue a person for intentionally hurting you. Even if they didn’t mean to specifically hurt you. For example, if a person intentionally throws a rock at their brother but instead hits you and hurts you, then you may be able to sue them and recover compensation.
4. Injury from a hazardous drug: there safety standards to which drugs are held to. They are sometimes overlooked when a new drug is released. Normally, this type of case leads to litigation against drug companies.
5. Injury from medical malpractice: by law, doctors are required to provide you with the best care. Sometimes they don’t and many things can go wrong. Medical malpractice lawsuits can get you compensation for any mistakes your doctor might have made.
6. Injury from a dog bite: there is a strict liability standard under which dog bites are judged. If someone’s dog bites you you can sue them and recover compensation for any injuries you might have.
7. Injury from an auto accident: auto accidents are the most common causes of injury. Every state requires drivers to carry insurance in order to protect people from injury.
8. Injury from misdiagnosis: misdiagnosis is a kind of medical malpractice that can cause injury as well. If your sickness or condition got worse because of a misdiagnosis then you can get compensation.
9. Injury from hazardous conditions at a premise: any hazardous conditions at a public place or private property can be considered negligent. This can lead to liability.
10. Injury from a defective product: by law, all products have to be safe when used correctly. If the product fails to be safe when used correctly a strict liability applies. You can sue a manufacturer and get compensation.

How Do I File a Personal Injury Claim?

To file a personal injury claim you need full documentation of your injury. This includes documentation of any damages incurred from the injury such as medical bills, treatment costs, lost wages, and future losses. 

Also, you must include the non-economic losses that might be connected to the injury. These include dealing with psychological and emotional stress, and pain and suffering. People who suffer from catastrophic injuries are left with emotional scars. Even if these are not financial damages, a victim still deserves compensation for them.

The personal injury lawyers at J. Cogburn Law focus on aiding their clients in obtaining the maximum compensation for their damages and losses. When we file a claim we can help you ensure that it covers all your medical and health expenses.

Will I Have To Go To Trial For My Personal Injury Claim?

Almost all personal injury cases are settled before going to trial. However, sometimes settling a claim out of court is not possible. Some of the reasons may be:

• The defendant does not offer a settlement
• The defendant only offers an unreasonable settlement
• The plaintiff wants to go to trial
• Liability or damages are disputed

Going to trial for a personal injury case is very rare, however it is always a good idea to be prepared and understand why you could go to trial.

Who Can Be Held Liable For An Injury?

In all personal injury cases, we investigate and do full research to identify all the potentially responsible parties and all available insurance. It is important to search thoroughly for all sources. We look for any party that may have played a part in causing your injuries. Sometimes it’s not just one person who is guilty, sometimes the company for which the primary actor works for is also responsible.

Why Choose Our Las Vegas Personal Injury Lawyers?

An accident victim deserves to be represented by counsel who has the experience to take the case to a jury for decision when needed. Our track record of achieving high-value jury awards and negotiated settlements has led to the receipt of many honors and awards. While we take pride in being recognized by our peers for our legal work, our belief is that beyond our legal experience, it is our personal dedication to the people we serve that matters above all.

If you or a family member was seriously injured, or you lost a loved one, call a Las Vegas personal injury lawyer at J. Cogburn Law today for a free case consultation. Please call us at (727) 747-6000.