When you are involved in an accident or another personal injury incident that has left you injured and in pain, it’s advisable to start the process of filing a personal injury claim as soon as possible. A Nevada personal injury lawyer is often the first lawyer that many people will hire. Along with this, a personal injury claim might be the first time that you have had to deal with an insurance adjuster or have to navigate the personal injury laws in Nevada.
The good news is that if you have been injured, then you don’t have to go through the claims process on your own. Working with one of the experienced personal injury lawyers at Karns & Karns Personal Injury & Accident Attorneys, you can have legal representation on your side to handle all the aspects of the claims process and communication with insurance companies so that you can better focus on getting your life back on track after the accident.
Personal Injury Claim Process in Nevada – What Steps Are Involved?
Typically, a personal injury claim will go through a certain process. In Nevada, the steps throughout the process of your personal injury claim will usually be the same in any area. Having a good understanding of the basics and the process that your personal injury case will go through can help the entire experience be a less stressful one for you and provide you with more information on what you can do to increase your chance of receiving a fair settlement offer.
Hire a Personal Injury Lawyer
The first recommended step in the process of filing your personal injury claim is to hire a good personal injury attorney with experience handling cases like yours. At Karns & Karns Personal Injury & Accident Attorneys, our experienced lawyers who are well-versed in all types of personal injury cases. Whether you have been involved in a slip and fall accident, an accident in an Uber, a car accident, a motorcycle accident, or some other accident, we have the skill and knowhow to handle any type of personal injury case.
You may want to do some research before finding the best personal injury attorney for you. You can use the State Bar of Nevada website to find out more about certain lawyers and research their disciplinary history. Be sure to read reviews and find out more about what other clients have to say about the lawyer.
Once you have some potential attorneys, come up with some questions that you can ask them. For example, you may want to know more about their record of settling cases vs going to trial, whether they have any special certifications that could help your case, what their experience is with handling cases like yours, how much they think your claim is worth, if they see any potential problems with the case, and how you will be expected to communicate with them and their team.
The next stage in the process is an investigation into the accident and injury, which will be conducted by your personal injury lawyer to help determine how you were injured. In Nevada, the person who files the claim also has the burden of proving that the injury was caused by the other party. You will need to prove that there was a legal duty of care that was breached, causing the injury in question. You will also need to prove any damages you have suffered as a result.
Your lawyer will gather evidence to prove fault and causation and establish the liability for your damages. Experts witnesses and other professionals may be hired to assist with this. Evidence can include photos and videos, accident reports, medical records, and expert opinions. Your employment records may also be used, along with the testimony of any witnesses to the accident.
Settlement Demand and Negotiations
Your lawyer will prepare a settlement demand letter to send to the defendant’s insurance company. This should include a description of how the accident or injury happened, the legal basis for why the other party is being held liable for your damages, a description of the injuries and damages you have suffered, and a demand for a specific compensation amount to settle the claim.
The insurance company can then either accept or decline the offer. In most cases, you can expect them to issue a counteroffer for less. This will then begin a back-and-forth negotiation process until both parties reach a settlement that they agree on.
If a settlement cannot be agreed upon, then your personal injury case may need to go to trial. In most cases, the trial will last a few days, and usually no longer than one week. The evidence will be presented in front of a jury, who will then deliberate and determine whether or not the other party is liable and if you are to be awarded compensation for your injury and damages.
Damages in a Personal Injury Case
A good Nevada personal injury lawyer will pursue all damages that are available for your case. This is one reason why hiring an attorney is always advised, as representing yourself could mean that you receive less than your claim is worth if you’re not aware of all the damages you are entitled to. In general, most victims can receive compensation for economic damages, which include medical bills, out-of-pocket expenses, personal care, physical therapy, nursing care, loss of income, and diminished earning potential. Along with this, victims may also be eligible for compensation for non-economic damages or pain and suffering, which could include emotional distress, mental health, physical discomfort, scarring and disfigurement, loss of quality of life or enjoyment of life, and disabilities and impairments.
If you have been injured in an accident through no fault of your own, here at Karns & Karns Personal Injury & Accident Attorneys, we are here to help you get the process of a Nevada personal injury claim to recover compensation started as soon as possible. Get in touch today for a free consultation. Call us today at 877-557-4221.