- Negligence: Negligence is the most common ground for personal injury cases, and it occurs when a person or party fails to act with the level of reasonable care that another person would use in the same situation. (Read our blog on Negligence)
- Strict Liability: Strict liability means that a party can be held accountable for a victim’s injury regardless of their specific intent or action. For instance, a consumer can sue a manufacturer if they were injured because of some defect in the manufacturer’s product.
- Intentional Wrongdoing: Intentional wrongdoing occurs when a person acts in a way that is intended to cause a victim to suffer harm, such as someone attacking a victim.
Requirements for Filing a Personal Injury Claim
- Can you identify a third party as the cause of your injuries? In order to file a claim or lawsuit, you must be able to identify the person who caused your injuries and then locate that person.
- Is it possible to prove that the third party is liable? Your lawyer will need to determine if personal injury legislation and case law will allow you to seek compensation in your specific case.
- Are you within Nevada’s statute of limitations? Each state imposes different time limits on when victims can take legal action. In Nevada, victims typically have two years after the accident in which to file a personal injury claim.
- Are the injuries and losses you sustained quantifiable? Your lawyer must be able to prove that you suffered compensable injuries and losses because of the third party’s actions. Quantifiable losses can include medical expenses, missed wages, property damage, and even emotional trauma.