Getting involved in a personal injury case can be overwhelming, especially when dealing with medical expenses, lost income, and other consequences of the accident. However, imagine going through all that only to have your claim dismissed due to avoidable mistakes or misunderstandings.
In this blog post, we’ll explore five common reasons why personal injury claims get dismissed in Las Vegas so that you can avoid them and increase your chances of getting the compensation you deserve.
Our Las Vegas personal injury lawyers will help you avoid mistakes that can hurt your case and represent your interests at every step of the process.
There are many reasons why your personal injury case could be dismissed in Las Vegas. One common reason is that there is insufficient evidence to support your claim. This can happen if there are no witnesses or if you don’t have important documentation like the police report and medical records.
If you are missing key evidence, it is important to consult with an experienced personal injury attorney who can help you gather the necessary evidence and build a strong case.
Statute of Limitations
You may wonder how long you must file a personal injury claim if you’ve been injured in an accident. The answer depends on the state in which the accident occurred. In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident.
This means that if you don’t file your claim within two years of the date of the accident, you will most likely be barred from doing so. There are some exceptions to this rule, however. If the injured party was a minor during the accident, they may have up to four years from their eighteenth birthday to file a claim.
Additionally, if the injured party is mentally incapacitated, they may have until two years after they regain the mental capacity to file their claim.
If you’re unsure whether your personal injury claim falls within Nevada’s statute of limitations, it’s important to speak with an experienced personal injury attorney who can advise you of your legal options and help you get started on your claim.
In some personal injury cases, the plaintiff and defendant share some blame for the accident. This is known as comparative negligence, and it can be a major factor in whether or not a claim is successful.
For example, if another driver rear-ends you, but you were also not paying attention to the road at the time, you may be found to be partially responsible for the accident.
Nevada law allows you to recover compensation as long as the defendant is more responsible for the accident than you are. In other words, your percentage of fault must be less than 50%. If the driver who rear-ended you is 90% responsible and you are 10% at fault, your compensation will be reduced by 10%.
Whatever the circumstances of your accident, if comparative negligence is an issue, it is important to speak with an experienced personal injury attorney who can help you understand your rights and options under Nevada law.
Lack of Causation
If you were injured in an accident and hope to file a personal injury claim, you may be worried about your case being dismissed. While many factors can contribute to a successful personal injury claim, there are also several reasons why a claim might be dismissed. One of the most common reasons for dismissal is lack of causation.
Causal connection is essential in any personal injury case. There must be a link between the defendant’s negligence and the plaintiff’s injuries. If there is no causal connection, the plaintiff will likely be unable to recover damages.
For example, if you were hit by a car while walking on the sidewalk, it would be clear that the driver’s negligence caused your injuries. However, if you tripped and fell on someone’s property, proving that the property owner or manager is at fault would be much more difficult. You need proof that the premises owner didn’t deal with an unsafe condition on the property and that caused your accident.
Lack of causation can be difficult to overcome, so working with an experienced personal injury attorney who can help build a strong case is important. If you have been injured in an accident, contact us today for a free consultation.
What you say on social media could be used against you in court. If your social media posts contradict statements you’ve made about the accident or your injuries, they can be used to challenge your credibility. Insurance companies and opposing counsel often scrutinize social media profiles to find any inconsistencies or discrepancies that can weaken your case.
If you post anything that can be interpreted as admitting fault, it can undermine your case. The defendant’s attorney may also use photos or videos that show you enjoying different activities to argue that you aren’t as seriously injured as you claim.
Contact a Las Vegas Personal Injury Lawyer Without Delay for Help
No matter how confident you are in your case, seeking professional legal help can make a difference in getting the best possible outcome. Our experienced Las Vegas Injury Lawyers can help you protect your rights and ensure you receive fair compensation for your injuries and damages.
- Thoroughly review your case and advise you on the best course of action
- Speak to all relevant parties, including insurance companies and other attorneys, on your behalf
- Represent you in court should it be necessary.
Our attorneys are well-versed in the nuances of personal injury law, so we can present a strong case that represents your best interests. We work with clients every step of the way—from start to finish—to ensure that their rights are respected and that they receive maximum compensation for their injuries.