If you’ve been injured in an accident, a Henderson injury attorney at Christian Morris Trial Attorneys can help. Call today and set up a free case review.
Almost all personal injury cases in Nevada involve something called negligence. This is another way of saying that the defendant didn’t behave the way they should have given the circumstances. In order to collect damages, you need to demonstrate that the other party did something (or failed to do something) that a normal person wouldn’t have done in the same situation.
The good news is that your Henderson injury attorney has handled dozens of these cases. They know how to prove negligence. They also know what sort of damages you may be entitled to. In your negligence claim, they’ll demand some or all of the following:
- Medical bills
- Future medical care
- Lost wages and lost future income
- Property damage
- Pain and suffering
- Permanent disability
To get any damages, your attorney will need to prove your case. This means they need to prove negligence.
Negligence Requires That You Prove 4 Elements
In order to prove negligence, you need to prove four (4) things. If you manage to prove all of these elements, you’ll have a good chance at recovering damages. Your Henderson injury attorney needs to show the following:
- The defendant owed you a duty of care
- They breached that duty
- You were injured
- Your injuries were caused by the defendant’s breach
The hardest part of this case is proving that the defendant breached their duty of care. If you’re involved in a car accident, you can do this by showing that they violated a traffic law. This can be done using a copy of their traffic ticket. Or you can have the police officer testify to this fact.
What If The Defendant Acted Intentionally?
There are a few occasions on which the defendant acted intentionally. For example, if you get injured during an armed robbery, you won’t have to prove negligence. The same is true if someone assaults you and you get hurt. These cases are few and far between. It’s very rare that someone gets sued for an intentional act. But when they do, it’s a lot easier to prove your case.
What If The Court Finds You Partially At Fault?
The good news is that you can still file suit in Nevada if you’re partially at fault. Most states allow you to sue as long as you’re less than 50% at fault. This is called the comparative negligence rule. This is how it works in Henderson, Nevada. The only thing to keep in mind is that your damages will be reduced by your percentage of fault. So, let’s consider your lawsuit demands $100,000. The court finds that you’re 20% at fault. This means that your damages will be reduced by $20,000. Sometimes, it’s better to try to settle early. There’s always the chance that you could be found more than 50% at fault in trial. If this happens, you won’t get anything.
Consult With A Skilled Henderson Injury Attorney Right Away
If you’ve been hurt in any sort of accident, you may be entitled to damages. It really depends on the facts of the case. It also depends on what your attorney can prove. In order to get you damages, they’re going to have to prove negligence. This isn’t always easy. In some cases, it’s really clear cut. In other situations, it can be hard to determine who exactly was at fault. The good news is that you can still collect damages even if you were partly at fault.
What you need to do first is call and talk to a skilled personal injury attorney in Henderson, Nevada. They can sit down and review your case. They’ll look at the police report and determine who was at fault. Most attorneys who have been practicing for a few years also have a good relationship with the insurance companies. At a minimum, they know which companies are more likely to settle. If they do need to file suit, they will make sure it’s filed in time. They won’t let the statute of limitations expire. This means you only have two (2) years to file suit. If you miss this date, you won’t be able to file suit at all.
Call today and schedule your free, initial consultation. This gives you a chance to talk to an attorney who can give you an idea of what your case is worth. They’ll also let you know if you have a valid claim. The consultation is free, and you don’t have to pay a dime until your case settles.