If you get hurt because of the actions of another person, it’s crucial to know at least the basics of how a Nevada personal injury claim works. This will give you the information you need to seek justice and fair financial compensation for the bills and losses caused by the accident. For an in-depth overview of your specific case, contact the Ed Bernstein Injury Lawyers for a free consultation.
Basis for Personal Injury Claims in Nevada
The goal of a personal injury claim is to make an injured victim whole again. This is done by providing financial compensation (or damages) for the victim’s injuries and losses to restore the victim to his or her pre-accident financial status. Available compensation often includes past and future medical bills, lost wages, property damage, and pain and suffering.
The majority of personal injury claims in Nevada are based on the legal theory of negligence. Negligence means that someone has neglected to use the proper amount of care for the situation. An example is a driver negligently violating a traffic law and causing an automobile accident.
If there is proof that someone has been negligent and this resulted in harm to another person, the negligent party can be held accountable. Other doctrines used include strict liability, breach of warranty, and malicious or intentional acts of wrongdoing.
How to File
If you believe you have grounds to file a personal injury claim in Nevada, the process will begin with you identifying who is at fault. This party will become the defendant in your claim. Determining fault may take an investigation into who or what caused the accident.
Once you know the defendant, you or your personal injury lawyer can fill out the required paperwork to file a claim. Typically, this starts with submitting a claim to the defendant’s insurance provider, such as an automobile insurance company after a car crash or a property insurance company after a slip and fall. However, it may also involve filing a lawsuit with the civil courthouse in your county.
Burden of Proof
In a personal injury claim, the plaintiff or injured victim bears the burden of proof. This means it is the victim’s responsibility to prove the truth of what he or she is claiming. The burden that must be met is a “preponderance of the evidence,” or more likely to be true than not true.
Evidence that may be used to meet the burden of proof includes:
- Police report
- Accident report
- Citations given
- Photos and videos
- Eyewitness statements
- Expert testimony
- Medical records
- Injury journal
- Cell phone records
The accident investigation should come up with many of these types of evidence and documents to help establish liability, or legal and financial responsibility for the accident.
Statute of Limitations
You must file your personal injury claim within Nevada’s statute of limitations for it to be legally valid. According to Nevada Revised Statute § 11.190, most claims must be filed within two years of the date of the accident or of injury discovery. If you’re filing a claim for property damage only or medical malpractice, however, the statute of limitations is three years.
For more information about the personal injury claims process in Nevada, contact us at (702) 240-0000. We offer free initial consultations, where we will review the facts of your case and let you know whether it has merit.