Personal injuries happen every day across the country, and Nevada is no exception. Although we often use the term personal injury in our everyday language, many may not realize that this actually covers many types of accidents. While each case is as unique as its facts and the parties involved, there are more common types of personal injury claims. Below is a list of the most common kinds of personal injury claims, which will help you know what to do if you find yourself hurt in Nevada.
Common Types of Cases
Car accidents: All drivers on the road owe a duty to drive in a reasonable manner and not in a way that poses unreasonable risk of harm to others. They also have a duty to obey traffic laws and ordinances. When a Nevada accident happens, the victim must show that negligence caused his or her injuries. Because Nevada law mandates that all motorists purchase car insurance, these claims involve insurance companies. Sometimes, however, these policies do not cover the full extent of damages suffered, which makes it very important that you purchase uninsured/underinsured motorist and med-pay coverages.
Slip-and-fall/trip-and-fall accidents: If you are hurt due to a slip and fall on another’s property, the property owner may be financially liable for your injuries. Under premises liability law, businesses and property owners owe a legal duty to keep their premises reasonably safe. Negligence must be successfully proven for a victim to recover damages.
Workplace injuries: If an employee is hurt while performing his or her job duties, workers’ compensation covers some of the loss. Workers’ compensation claims have unique requirements such as notifying the employer of the injury right after it happens and following special filing procedures within a certain time frame. Workers’ compensation is a no-fault system and you can recover compensation for medical bills as well as disability payments. If there is a dispute of your claim, you may have to appear before an administrative officer. However, because workers' compensation does not cover everything (like pain and suffering), often it is prudent to either bring a separate claim for negligence or even waive the workers' compensation benefits in favor of negligence damages.
Dog bite injuries: While Nevada does not have a statewide law applicable to dog bites, the standard is the same as it is in any other negligence case. In other words, a victim must prove the dog bite was a result of the owner’s carelessness. If there is a leash or similar ordinance, you may be able to claim negligence per se.
Products liability: Companies that make and sell products are responsible when their products malfunction. A product liability case occurs when a product is defectively designed, manufactured, or marketed. If you are hurt due to a defective product, the defendants are held strictly liable for your injuries. In other words, negligence need not be proven.
Assault and battery: This is an intentional personal injury. Instead of proving negligence, a person injured in a Nevada assault and battery must show that the person intended the act that resulted in the injuries. Assault and battery are also crimes under Nevada law, meaning that the defendant can face both civil and criminal lawsuits for his or her actions.
How We can Help
When you suffer a personal injury, it is vital to identify the type of claim you have and understand the requirements for proceeding with your case. The experienced Nevada personal injury attorneys at Parry & Pfau can help make sure you take the proper steps to preserve your rights under the law and maximize your recovery. Click here today to speak with one of our attorneys.
(image courtesy of Aaron Mello)