Victims of accidents, medical malpractice, and other negligence can experience serious and life-altering injuries. They can wind up with expensive medical procedures, extended treatment plans, and lost wages and future earning potential. They can even lose their ability to truly enjoy life. Whenever you or someone you love has been seriously injured because of someone else’s negligence, fair compensation is something that you have a right to. The goal of a Nevada personal injury lawyer is to ensure that you get that fair compensation with legal assistance throughout the claims process and resources to help you move forward. Following are some answers to frequently asked questions about serious injuries and the claims filing process for recovering damages.
What constitutes a ‘serious injury‘?
A serious injury or catastrophic injury is any type of injury or illness that results in significant damage, extended medical treatment, and life altering consequences. Some examples of serious injuries include broken bones, serious burns, paralysis, loss of eyesight, spinal cord injuries, brain trauma, and amputations. You can find yourself in a very difficult situation after a catastrophic injury.
Is a serious injury always a permanent injury?
A serious injury is not necessarily permanent, though it may be. If a significant amount of time in recovery and expense in medical bills can be enough to constitute a serious or catastrophic injury. Many things will be taken into consideration, according to the case, including the emotional/psychological damages that you have suffered.
Will by case go to court if my injuries are serious?
Depending on the nature of your serious injuries, whether they are permanent, and how complex and intricate your case is, it may be more likely to reach the trial phase. You can never be guaranteed that your case will be successfully settled outside of court, and you can’t be guaranteed that any case will go to trial. However, to speak with an attorney will give you an advantage and a more accurate answer to this question as it applies to your own unique case.
How will compensation for serious injuries be awarded?
When it comes to serious injuries and receiving compensation, this typically occurs in a way that is similar to other personal injury cases. This means that you can receive compensation for economic damages, non-economic damages, and punitive damages. On that note, in serious injury cases, the medical expenses are higher, so your compensation will probably be higher too.
What about emotional damages in a serious injury case?
Severe emotional damages are frequently associated with serious and catastrophic injuries. Pain and suffering, the inability to function as before, a decreased quality of life, and emotional strain on loved ones can all contribute to a higher value in emotional and psychological damages. You may suffer from such issues as depression or anxiety after your injury, and this too will be considered.
What if I was partially at fault in the accident?
Modified comparative negligence is applicable in Nevada if you were partially at fault for the accident. If you were 50% or less at fault, then you can still recover financial compensation. However, if you are the primary cause of the accident, with more than 50% fault, then you cannot recover damages. There are other states where the rule is based on shared liability, where no matter how much fault is assigned to you, you can still recover the damages for the percentage of fault that is not assigned to you.
To illustrate this point, in some other states, you might be 80% responsible for the accident and still receive 20% of your damages in compensation. In Nevada, however, you can only receive compensation if you are 50% at fault or less.
What exactly is a contingency fee?
A contingency fee is something that many personal injury attorneys work for to receive a percentage of your recovery, but only if there is a recovery. If there is no recovery, there will be no fee. This is ideal for those who cannot afford the expense of an attorney unless they happen to win the case. If you are a Social Security disability client, then the fees for representation are set by the government.
Can a personal injury lawyer help me to win my case?
It is very important to seek the advice of a Nevada personal injury attorney if you have suffered serious injuries and are facing an extensive and expensive recovery. An attorney will minimize the stress by handling the difficult process of filing a claim, dealing with insurance adjusters, and aggressively fighting for your fair compensation. You definitely have an advantage with an attorney.
Serious Injuries Need Aggressive Legal Representation
It is best to work with an aggressive attorney who is not afraid to take the case to trial if needed. At the same time, you want an attorney who is capable of settling your case for a fair recovery amount before it ever reaches the trial phase, if possible. Your attorney will work hard to ensure that you receive the best representation of your rights. Contact a Nevada personal injury attorney today to learn more about your unique serious injury case.