It is likely that you or someone you know has suffered an injury due to the fault of another. These types of accidents are referred to as personal injury claims. Personal injury claims fall under the area of law known as tort law. Tort law encompasses civil lawsuits when an individual suffers an injury due to the negligence of another’s actions, resulting in damages to the victim. Personal injury lawsuits specifically deal with individuals who suffer physical and emotional injuries as a result of the actions, or inactions, of another party. If you or someone you know has suffered a personal injury in Las Vegas, contact a skilled personal injury attorney for help today.
Elements of a Las Vegas Personal Injury Claim
There are two main issues that must be assessed in a Las Vegas personal injury lawsuit — who is at fault and financially liable, and what injuries, or damages, resulted from the accident. Generally, an injured victim (the plaintiff) must establish the following elements to prove he or she is entitled to monetary compensation:
The defendant (or at-fault party) owed a duty to the plaintiff;
The defendant’s actions, or inactions, was a breach of this duty;
This breach was the actual and legal cause of the injuries; and
The injuries resulted in the plaintiff’s damages.
The burden of proving these elements falls on the plaintiff and must be established by a preponderance of the evidence. There are several different kinds of personal injury cases. Some include slip and falls, car accidents, defective products, and medical errors. The complexity and duration of a personal injury case depends on the specifics of the lawsuit.
Recovering Monetary Compensation
Typically, insurance companies are the first place an injured plaintiff looks to recover monetary compensation in a personal injury case. This is because these insurance policies can generally cover the cost of medical treatment associated with the injury. If the defendant does not have insurance coverage, however, recovering monetary compensation can be close to impossible.
The majority of lawsuits, personal injury claims included, never see the inside of a courtroom. In fact, most lawsuits are settled out of court. This may mean a settlement is reached by the parties before a lawsuit is filed in court or after a lawsuit is filed in court but before going to trial. There are several reasons why a settlement makes sense for both the plaintiff and the defendant(s). Some reasons include confidentiality, predictability, less expense, and shorter length of time. While some cases can be settled, however, others must go through a trial in order for a plaintiff to be justly compensated for injuries suffered.
Seek Legal Help
If you or someone you know is involved in any type of accident in Las Vegas, or anywhere else in Nevada, the first thing to do is seek immediate medical assistance. Then, contact the Las Vegas personal injury attorneys at Parry & Pfau. Our skilled lawyers have the experience to protect your rights under the law and seek the monetary compensation to which you are entitled.
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