Wednesday, February 19, 2014

Personal Injury Law – Do You Have a Case?

Personal injury law provides accident victims with a way to seek compensation for their injuries and hold the liable parties responsible for their actions. There are three primary grounds upon which a victim can file a personal injury claim or lawsuit.

  • 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.

If your case can be filed upon one of these grounds, you may be able to seek compensation.

Requirements for Filing a Personal Injury Claim

Before you move forward with your injury case, however, you must determine if it can meet the following requirements.
  • 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.
Do you have more questions about the legal options available in your specific case? If so, we encourage you to visit our Personal Injury FAQ page to read answers to common questions. You can also contact De Castroverde Law Group at any time to discuss your case with one of our experienced and caring Las Vegas injury attorneys.