Every accident has the potential to be life-changing, but the ones that result in catastrophic injuries can be especially devastating. If you have suffered a catastrophic injury due to another party’s negligence, you may be entitled to compensation. To find out for sure, give the experienced attorneys here at Cap and Kudler a call at (702) 878-8778.
Defining a Catastrophic Injury in Nevada
Catastrophic injuries are best defined as serious injuries that leave the victim with permanent damage. Such injuries may impact the victim’s ability to perform tasks that are necessary to maintain their quality of life and can also affect their ability to work. A short sampling of some of the most common forms of catastrophic injuries would include:
- Limb dismemberment
- Spinal injuries
- Serious burns
- Brain injuries
- Injuries leading to blindness or deafness
- Organ damage
Catastrophic injuries such as these often occur during car accidents, medical errors, workplace accidents, and falls.
Who Is Liable for my Catastrophic Injuries in Nevada?
Nevada law states that anyone whose negligent actions were a direct cause of your catastrophic injury can be held liable. This means that if you were stuck in the head by a falling object at a store and received a serious brain injury as a result, you would likely be able to file suit against the business who owns and manages the property.
Comparative Negligence
Section 41.141 of the Nevada Revised Statutes explains that under the comparative negligence doctrine you may still be entitled to compensation, even if you were partly at fault for the accident – as long as the other party is at least 51% to blame for the incident. However, your eventual settlement amount will be scaled down in accordance with the distribution of the blame. The more blame that can be attributed to you, the smaller your compensation check is likely to become.
Since it can often be quite difficult to figure out who is to blame for your catastrophic injury, and how much of the blame can be placed on each party, you should seek the advice of one of our experienced attorneys before making any decisions. Your Cap and Kudler lawyer will review your case, let you know if it is worth pursuing and give you an estimate on the potential size of your eventual settlement.
What Damages Can I Recover in My Catastrophic Injury Lawsuit?
The size and variety of the damages that you are likely to be able to recover through your lawsuit will depend on the specific nature of your accident. Generally speaking, however, you are likely to be able to seek compensation for:
- Medical, Chiropractic and related bills (current and future)
- Pain and suffering (past and future)
- Past lost wages
- Loss of earning future capacity
- Loss of enjoyment of life (past and future)
In addition, if you’re married, your spouse may be entitled to recover loss of consortium damages as a result of your injuries. Your Cap and Kudler attorney will be able to give you a more thorough breakdown of the damages you may be able to seek compensation for as part of your lawsuit.
What Is the Statute of Limitations for Catastrophic Injury Claims in Nevada?
If you wish to file suit against a negligent party in the aftermath of your catastrophic injury, you must do so before the statute of limitations expires. In the state of Nevada, most catastrophic injury claims have a two-year statute of limitations.
Why You Should Hire a Skilled Lawyer to Help with Your Catastrophic Injury Lawsuit
Catastrophic injury lawsuits are not something you should attempt to handle on your own. Instead, you should hire an experienced attorney, like those here at Cap and Kudler, to guide you through the process. Here’s why:
Negotiation Skills
During your catastrophic injury suit, you will almost certainly receive multiple settlements offers from the negligent party’s insurance company. If you are handling your case alone, it will be up to you to determine if the deal that they are offering is good enough. If not, you will need to figure out a way to negotiate with the insurer until they offer more money.
The attorneys of Cap and Kudler negotiate with insurance companies on behalf of clients every single day. We know exactly how to get them to take their substandard offers and make them much more enticing. By hiring us, you are giving yourself the best possible chance of receiving a fair settlement.
Knowledge of the Process
The catastrophic injury lawsuit process can be complex and confusing – especially if you have never dealt with it before. There is paperwork to be filed, evidence to be submitted, and letters to respond to. If you are dealing with it alone, the process can quickly become overwhelming.
However, if you are working with one of our attorneys, it all becomes much more streamlined and straightforward. Our knowledge of the process allows us to prepare documentation well in advance of any deadlines and have evidence ready to go before it is ever requested. In short, we make sure that your route to the compensation you deserve runs smoothly.
Effective Case Strategy
Generally speaking, insurance companies do everything in their power to avoid paying out large settlements. If you wish to receive the settlement check that you are rightfully entitled to, you will need to state your case in a manner that they will have trouble refuting. Unless you are an experienced law-industry professional, this is no easy feat.
Fortunately, the attorneys of Cap and Kudler are always here to help you devise a winning case strategy. We can use our knowledge of the industry to help you make your case to the insurance company and, if necessary, a judge or jury.
Experienced Catastrophic Injury Lawyers in Las Vegas
The Cap and Kudler team has been helping our friends and neighbors in Las Vegas and throughout Nevada seek compensation for their catastrophic injuries for more than a decade. If you have been involved in an accident and would like our assistance, please do not hesitate to get in touch. All you need to do is give us a call at (702) 878-8778 or contact us online to set up a free consultation with one of our skilled attorneys.
