Personal Injury Case: What Is It?

personal injury case

During our lifetime, we suffer various accidents, some minor, others more serious. Most of these happen because of unhappy circumstances. However, in some situations, people are injured because someone else was negligent and caused the respective accident. This is the short and very basic definition of a personal injury case.

In this article, we will tell you everything you need to know on this topic. We will also explain why it is important to hire a Las Vegas personal injury attorney to help you prepare your claim or represent you in court in a personal injury lawsuit.

The Elements of a Personal Injury Case in Nevada

Each US state has its own specific personal injury laws. However, all these laws, including those applicable in the state of Nevada, rely on the same principles:

  • The existence of a duty of care
  • The breach of duty, which caused the accident
  • The accident led to a person’s injuries
  • The injuries caused economic losses.

These principles are applicable in any instance of personal injury, with one exception. We will detail all these instances below.

Common Examples of Personal Injury Cases

These are the most frequent instances when an accident victim has a valid personal injury case:

1. Traffic Accident

In this instance, we use traffic accident as a general term for various situations, such as:

In each of these cases, if one driver’s lack of attention or negligence caused the respective crash, the other party has the right to file a personal injury claim against them.

2. Workplace Accident

When you go to work, you expect to be able to use your abilities and experience for the mutual benefit of your employer and yourself. You expect your workplace to be safe and free from hazards.

In reality, many people suffer injuries at the workplace, due to:

  • Malfunctioning machinery
  • Electrical hazards
  • Spillage of dangerous substances
  • Poorly signaled dangerous areas (such as uncovered manholes)
  • Heavy objects becoming loose and falling.

In each of these instances, the employer is liable for the worker’s accident. One of the basic duties of any individual or legal entity employing people is to make sure that the workplace does not pose a risk to their health and life.

Nevada legislation offers accident victims financial relief through the workers’ compensation plan in this situation.

3. Premises Liability

This type of personal injury case occurs when a person is injured on someone else’s property, whether that is a private residence, supermarket, government building, or a plot of land.

The most common premises liability accidents are:

  • Slip and fall
  • Dog bites
  • Electrical accidents
  • Negligent security
  • Elevator accidents
  • Parking lot accidents
  • Hotel accidents.

In each of these instances, the building owner or administrator had a duty to keep their premises safe for everyone with a legitimate interest to be present there.

The legitimate interest aspect is very important in premises liability cases. In general, trespassers do not have the right to sue a property owner, unless they were intentionally injured. You should always discuss your case with an experienced personal injury lawyer in Las Vegas to know your rights.

Las Vegas personal injury lawyer

4. Defective Products

In this specific type of personal injury case, you do not have to prove that the liable party owed you a duty of care. The reason for this is that the fundamental prerequisite for a product to be marketed is that it is safe to use by anyone.

The defective products personal injury case relies on different principles:

  • Proving that the product had a design or manufacturing defect
  • Proving that it did not contain sufficient warnings concerning the danger
  • Proving that the accident victim used the product as it was intended.

What Are Your Legal Options as a Personal Injury Victim?

A personal injury case can be settled either out of court or at the end of a personal injury lawsuit. In the first instance, the accident victim files a personal injury claim against the fault party’s insurance company.

In most cases, insurers are not willing to accept the claim amount and will try to decrease it or even deny the claim. A personal injury attorney knows how to negotiate with insurance adjusters and, in most cases, will win fair compensation for you.

In some situations, no acceptable compromise can be reached. This is the case when insurance companies believe they will get the claim denied in court. However, a skilled attorney can build a compelling case on your behalf and win your compensation in a personal injury lawsuit.

What If You Are Partly at Fault for Your Accident?

Here is one important aspect all personal injury victims need to know. In some cases, you may have had a share of responsibility for the accident that caused your injuries. The insurance adjuster representing the other party will try to persuade you that this aspect invalidates your claim.

In reality, the laws of Nevada state that you have the right to seek compensation for your economic losses if you were less than 50% responsible for the accident. This is called the comparative negligence doctrine, a legal principle used by most US states in personal injury law.

Your actual compensation amount will be decreased by the percentage of your responsibility for the accident.

Let a Top Personal Injury Law Firm in Las Vegas Help You Win Your Case!

At Christian Morris Trial Attorneys law firm, you are at the center of our efforts. We use our trial experience and knowledge of the law to win every case we accept and to make sure that personal injury victims receive fair compensation.

We know that you are already accumulating a lot of hospital bills and other medical care expenses, so we work on a contingency fee basis. This means that you do not have to pay any upfront fees for our legal representation. We will get our fee out of the compensation amount we win for you.

Do not forget that the statute of limitations (the period of time you have to take legal action) for personal injury cases in the state of Nevada is 2 years. Call us now at 702-410-6329 to discuss your case with a personal injury lawyer in Las Vegas!