How Does the Personal Injury Claim Process Work

How Do I File a Personal Injury Claim?

If you have been injured in an accident that was not your fault, you may be entitled to compensation for your injuries and other losses. The process of pursuing a personal injury claim can be complex and confusing, but with the help of an experienced lawyer, you can navigate the legal system and get the compensation you deserve.

What is a Personal Injury Claim?

A personal injury claim is a legal action taken by an individual who has been injured due to the negligence or intentional actions of another person or entity.

The purpose of a personal injury claim is to seek compensation for the injured person’s losses, which may include medical expenses, lost wages, pain and suffering, and other damages.

What Are the Relevant Laws in Nevada?

Nevada has several laws and regulations that govern personal injury claims. One of the most important is the comparative negligence rule. Under this rule, if the injured person is found to be partially at fault for the accident, their compensation will be reduced by the percentage of fault assigned to them.

For example, if the injured person is found to be 20% at fault for the accident and their damages are $100,000, their compensation will be reduced by $20,000.

Another important law in Nevada is the cap on non-economic damages. Non-economic damages include pain and suffering, emotional distress, and other losses that are not easily quantifiable. In Nevada, non-economic damages are capped at $350,000 in medical malpractice cases and $250,000 in other personal injury cases.

What is the Personal Injury Claim Process?

Here are some common steps to follow after a personal injury:

Step 1: Seek Medical Attention
The first and most important step after an accident is to seek medical attention. Not only does this ensure your well-being, but it also documents your injuries, providing crucial evidence for your claim. Even if your injuries seem minor, it’s essential to get checked out by a healthcare professional. Some injuries may not be immediately apparent and could worsen over time.

Step 2: Gather Evidence
Collecting evidence is crucial to support your personal injury claim. This includes taking photos of the accident scene, your injuries, and any property damage. It’s also important to gather contact information from witnesses, as their statements can strengthen your case. Keep records of all medical treatments, expenses, and any communication with insurance companies or other parties involved in the accident.

Step 3: Consult a Personal Injury Lawyer
After you’ve received medical attention and started collecting evidence, it’s time to consult with a personal injury lawyer. A skilled lawyer can evaluate your case, help you understand your legal options, and guide you through the claim process. They can also help you negotiate with insurance companies, ensuring you receive fair compensation for your injuries.

Step 4: Investigate and Build Your Case
Your personal injury lawyer will conduct a thorough investigation of the accident, gathering additional evidence and analyzing the circumstances surrounding the incident. This process may include consulting with experts, reviewing police reports, and obtaining surveillance footage.

Your lawyer will use this information to build a strong case on your behalf, demonstrating the negligence of the responsible party and the extent of your damages.

Step 5: Negotiate a Settlement
In many personal injury cases, a settlement can be reached without going to court. Your lawyer will negotiate with the at-fault party’s insurance company, aiming to secure a fair settlement that covers your medical expenses, lost wages, and pain and suffering. If a satisfactory settlement cannot be reached, your lawyer will be prepared to take your case to trial.

Step 6: Trial
If your case goes to trial, your lawyer will present your case to a judge or jury, arguing that the defendant is responsible for your injuries and should be held accountable. The trial process can be lengthy, but a skilled personal injury lawyer will fight tirelessly for the compensation you deserve.

Step 7: Collecting Your Compensation
Once your claim is resolved, either through a settlement or a trial verdict, you will receive the compensation awarded to you. Your lawyer will help you navigate any remaining legal steps, such as collecting the funds from the responsible party or their insurance company.

If you have been injured in an accident, call High Stakes Injury Law at (702) 707-5934 for a free case review/evaluation.