If you or someone you know has traveled to Nevada, there are often tons of exciting events to attend. Unfortunately, there is also a risk of falling and getting hurt at a casino, getting hit by a car, or getting into a physical altercation with another patron or a security guard. What starts out as a great trip can quickly become a nightmare.
Tips When Injured
Below are some basic tips as to what you should do if you or someone care about is hurt while in Nevada.
Hire Local Counsel: Hotels, casinos, and other business establishments will rarely admit liability and settle the matter without the need for judicial intervention. For this reason, it is best to hire a local attorney who is familiar with the local laws and court system;
Document, Document, Document: It is essential to document in photos or write down what caused your injury. This would include when and where you were when the incident happened. Doing so will provide vital evidence to support your case later.
Give Notice: You must give the business establishment notice as to the accident. Sometimes an enterprise has particular procedures when it comes to on-site incidents. Make sure you follow these properly so that you may put the establishment on notice of your injuries;
Not Always on Camera: Many people mistakenly assume that every area of an establishment is visible to surveillance cameras. While there is a chance that if you have been hurt on a commercial property, the surveillance cameras caught the accident, but this is not guaranteed. Make sure to ask for this footage;
Get Medical Care: Depending on the seriousness of your injury, you may not need to seek medical attention in Nevada if you are visiting the state when you were hurt. Either way, you must seek appropriate healthcare right away as evidence to support your personal injury claim.
Damages Available to You in Nevada
The state of Nevada has specific rules that limit the amount of damages a harmed victim may pursue in certain personal injury cases. For example, the victim of medical malpractice can recover no more than $350,000.00 in non-economic damages (pain and suffering, for example). The cap does not affect any other types of personal injury cases nor does it limit other types of economic damages such as medical bills and lost wages.
In addition, Nevada follows a modified comparative negligence rule when assessing the amount of damages a victim should be awarded. If a jury or judge finds that you shared some or all of the fault for the injury or the underlying accident, the amount of monetary compensation that may be paid will be directly affected. Under the modified comparative negligence rule, the monetary damages will be reduced by the amount of fault placed on the victim. In some cases, if the victim is found to be more at fault that the defendant(s), the amount awarded may be reduced altogether.
Nevada Personal Injury Lawyers
If you or someone you know is hurt in Nevada, contact the knowledgeable attorneys at Parry & Pfau to learn about your rights and obligations under the law.
(image courtesy of Stefan Mächler)