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Personal Injury Case: What Is It and When Can You Sue?

Sustaining an injury due to the fault of another person or institution entitles you to receive compensatory benefits for your damages. The process of claiming compensation, from the concerning party, for your damages is called a personal injury case and the party with a duty of care towards you is likely to get sued.

Duty of care covers a wide range of factors. If you can think of why someone needs to do something carefully to avoid endangering the public, there is a fair chance that person has a legal duty of care. Personal injury lawsuits cover bodily harm, pain, and emotional distress.

Nevada, especially Las Vegas, is a crowded place. Therefore, the rate of injuries and accidents is high. In worst cases, the injuries can lead to death. A Las Vegas personal injury lawyer will help file a personal injury claim against the at-fault party to recover compensation for these kinds of injuries.

What Counts as a Personal Injury?

Physical harm, like bodily harm, pain, and emotional distress, are associated with personal injury. These types of damages allow you to file a personal injury claim against the at-fault party to recover compensation for the consequences of their actions. A few common examples of personal injuries are:

  • Car and truck accidents
  • Medical malpractice
  • Construction accidents
  • Wrongful death
  • Work injuries

The law entitles personal injury victims to receive compensatory and punitive damages. The former is to reimburse the victim for the physical damage whereas the latter is to punish the wrongdoer for their negligence. The victim receives both punitive and compensatory benefits directly.

Compensatory Benefits for a Personal Injury:

Special compensatory damages compensate for monetary expenses incurred due to the injury. They are unique to every case and individual. There is no limit to the amount of special damage the injured party can claim. Some of the special compensatory damages are:

  • Loss of earning or future wages
  • Hospital bills and future medical care
  • Household expenses

Besides financial life, an injury causes a strain on an individual’s personal and social life. General damages compensate the victim for non-monetary damages incurred in an injury claim.

  • Suffering and misery
  • Mental distress
  • Loss of social life

If the victim fails to survive the injuries and dies, surviving family members receive wrongful death damages on their behalf. The wrongful death compensatory benefits include:

  • Funeral expenses
  • Burial expenses
  • Expenses of pre-death medical care
  • Loss of financial support
  • Loss of consortium

Punitive Damages for a Personal Injury:

In some situations, a third party or an institution has a duty of care towards you. For instance, doctors have a duty of care that demands them to perform their practice using accepted methods. If you get hurt, they are most likely to get sued.

Along with the compensatory damages, punitive damages punish the wrongdoer for their negligence. However, these damages are awarded to an injured party only when the wrongful behavior of the defendant was despicable or reprehensible.

Some common scenarios where punitive damages apply are:

  • Malicious acts or fraud
  • Sexual assault
  • Health risks due to the prescription of the faulty drugs

The Claim Process Explained By Las Vegas Personal Injury Attorneys:

It is foremost to mention that not all personal injury cases end up in court. Some of these cases settle before proceeding to trials and hearings. However, a formal court process starts when the victim files a civil lawsuit in court. But, it is always helpful to settle the matter instead of pushing it to the point of a trial.

Usually, personal injury claims address two main concerns. First, what are the damages, and who is liable for them? The second is the compensation that the victim should receive for the loss.

The first step to initiate the process of claiming a personal injury is to develop an understanding of the case with the help of a skilled Las Vegas personal injury lawyer. This step involves understanding your injuries, how the accident occurred in the first place, and your medical background and history.

Your injury attorney will request all the relevant records to conduct a thorough investigation. Moreover, some law firms ensure their client gets the appropriate medical treatment and expenses for that treatment.

If the defendant does not propose a fair settlement offer, you draft a Statement of Claim to send in court. This document is a critical part of the case as it sets out the facts of your case and the compensation you anticipate.

On the contrary, the defendant will file a Statement of Defense to undermine your injuries and deny the liability. This process is crucial, so you would need a professional Las Vegas personal injury lawyer to guide you. They will ensure the timely submission of documents and other legal processes.

If your case does not settle shortly after initiating the claim process, you will set your case down for discoveries. Discoveries allow each side to question a witness from the other side. This stage is an opportunity to quantify your loss.

However, if the claim still does not get settled, it will be set down for trial; at this point, the court will assess the case. The court proceedings will then require your injury lawyer a substantial amount of preparation.

A Las Vegas Personal Injury Lawyer Can Help You Today!

You cannot put a price tag on health. But, to cater to an injury is a struggle when you have a list of expenses to cover. If you or your loved one has survived an injury following the neglect of a third party and you are looking for professional guidance, contact our reliable Las Vegas personal injury attorneys.

Contact our proficient team today for an immediate consultation about your case and its compensation; we will help you understand the dynamics of your case. Once the value of personal injury damages is clear, we will help you determine the best course of action and we will begin with your case right away.

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