If you have been injured in the Las Vegas, Nevada area, it is important to know your rights so that you can proceed with legal action. One of the smartest things you can do is to hire a skilled personal injury lawyer.
In Las Vegas, just as in the entire state of Nevada, there is a set of laws pertaining to personal injury. It is important to know about a few key personal injury laws in the state when you are planning on filing a personal injury lawsuit or negotiate a claim with an insurance company. These laws can potentially affect your case.
Nevada has a set limit on how long you have after an accident to file a personal injury lawsuit in court. This is known as the statute of limitations. You have two years from the date of your accident to file your case in the civil court. If you attempt to file a lawsuit past that time frame, the court will not hear your case.
There is what is known as shared fault law in Las Vegas and the state of Nevada in general. This occurs when a jury finds that you may share some of the fault or even all of it for your injury and the accident itself. Nevada has a special rule called “modified comparative fault,” which means that an injured individual is found to share some of the fault for their injury. The rule can reduce or even completely eliminate any compensation the injured person can receive, depending on the specific circumstances of the incident.
For example, if you are involved in a collision with another car that ran a stop sign but you were driving over the speed limit, you can be found partially at fault for the accident and your subsequent injuries. If your total claim is $10,000 and you are found to be 20 percent responsible for the accident, you will only be awarded $8,000 in damages under the modified comparative fault rule.
There are limits on damages in personal injury cases in Las Vegas, Nevada. There is a cap specifically on non-economic damages in medical malpractice cases in the category of pain and suffering. The cap on such cases is $350,000 in Nevada. This does not affect damages such as medical bills or lost wages.
Having a knowledgeable personal injury attorney in Las Vegas when you have been injured in an accident is important. Your attorney can help you to recover the maximum compensation you are due.