Each year, Americans visit the doctor’s office 39.5 million times for accidental injuries – and go to the emergency department 24.5 million times. If you are injured in an accident, you may be entitled to compensation for any losses that you have suffered, from lost wages to medical bills to pain and suffering.
Personal injury is a specialized area of law that helps accident victims get the money that they need to move forward with their lives. These types of claims are typically filed with insurance companies, whether it be a homeowner’s insurance policy, a commercial policy, or even a car insurance policy. Insurance carriers often fight tooth and nail to make sure that they pay you as little as possible for your claim – which is why it is so important to have a Henderson personal injury attorney by your side.
Your lawyer will fight for your rights and work to make sure that you get the maximum recovery possible under Nevada law. Starting with a free consultation, your attorney will aggressively advocate for you and won’t rest until you get a fair settlement or trial verdict that represents the true scope of your losses.
What Types of Cases Do Personal Injury Lawyers Handle?
Personal injury cases are typically based on a theory of negligence, which is the failure of a person to use the level of care that a reasonable person would in a similar situation. A personal injury law firm may handle a wide range of accident cases.
At Cap & Kudler, we represent injury victims in lawsuits related to:
- Car accidents
- Truck accidents
- Medical malpractice
- Bike accidents
- Premises liability (slip and fall)
- Pedestrian accidents
- Dog bites
- Motorcycle accidents
- Product liability (dangerous and defective products)
In addition, when a loved one dies as a result of an accident, we work with their surviving family members to file a wrongful death lawsuit.
Each of our cases begins with a free consultation, where we will explain your rights and offer legal advice on pursuing a personal injury claim. If you decide to hire our law firm, we will get started immediately – investigating your accident, consulting with experts, and performing legal research to build a strong case.
From there, we will draft a demand letter to the responsible party (defendant)’s insurance company. This letter will lay out the facts of the accident, the legal reason why their insured is responsible, and make a demand for damages (compensation). The insurer will typically respond with a counteroffer, and the negotiation process will begin.
Most often, personal injury claims are settled without going to trial. In fact, according to data from the U.S. Bureau of Justice Statistics, 97% of all personal injury cases are resolved without going to trial. However, if the insurance company refuses to offer you a fair settlement, then our team of skilled lawyers will take your case to court – and ask a jury to find it in your favor.
We represent all personal injury clients on a contingency fee basis. This means that you never pay anything upfront, and only pay a fee if we recover money for you. Contingency fees allow anyone to hire a lawyer, even if you don’t have the cash to pay an hourly rate out of pocket.
Why Should I File a Personal Injury Lawsuit?
There are any number of reasons to file a personal injury lawsuit. Perhaps most importantly, filing a personal injury claim allows you to get the money that you need to get medical care, cover your lost wages, and address other losses.
Being hurt in an accident can be financially devastating. If another person caused that accident – such as a drunk driver slamming into your vehicle – then they are legally responsible for any injuries that occur. This may include damages such as:
- Past and future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress or trauma
After an accident, you may be facing mounting medical bills and be under increasing financial stress due to these expenses and being out of work. A personal injury lawsuit allows you to get the compensation that you need to cover these and other losses.
At the same time, an injury claim holds the person (or entity) who acted negligently responsible for their conduct. In some situations, this may be the only way to stop them from continuing to harm people through their negligence. For example, companies may put dangerous or defective products on the market – and only fix them or stop producing them if they face lawsuits after people are hurt.
If you have been hurt in any type of accident, you should not be afraid of filing a personal injury lawsuit. In many cases, it is the only way to get the money that you need for your losses. A Henderson, NV personal injury lawyer can help you get started on the process.
Choosing the Best Personal Injury Lawyer
Once you know that you want to file a claim, the next step is to choose legal representation. This part can be challenging, particularly if you haven’t been involved in a personal injury lawsuit in the past.
To start, talk to friends and family who have used a Henderson personal injury attorney. Ask for their recommendations, and advice on anyone to avoid. If you don’t know someone who has used a lawyer before, check out online review sites for law firm recommendations.
Once you have a list of possible lawyers, start to narrow it down. Look to see if these attorneys primarily handle personal injury – or if they have a more general practice. Do they have a track record of success? You can also check the Nevada Bar Association’s website to learn if they have any disciplinary actions against them.
Next, schedule some free consultations with these law offices. At the appointment, come prepared with a list of questions to ask, such as:
- How long have you been practicing law?
- What percentage of your practice is focused on personal injury cases?
- What are your fees?
- Have you handled any cases like mine before?
- Who will be handling my case?
- How long does a case like mine tend to take to resolve?
- What is my case worth?
- How will you communicate with me?
- Will I be able to speak directly to the attorney handling my case?
- How often will I receive updates about my case?
- If I am not satisfied with a settlement offer, are you prepared to take my case to trial?
- What is my role in the case?
- Do you have the staff and resources necessary to take on my case?
- Do you have any references?
Remember: you are the one hiring this attorney. While it can be intimidating, you are the client, and this is your case. Make sure that you are comfortable with whomever you hire.
How Are Personal Injury Attorneys Paid?
Personal injury lawyers typically work on a contingency fee arrangement. A contingency fee means that you don’t pay anything upfront, and then your attorney is paid a percentage of your settlement or verdict at trial. If you do not recover any money, then you don’t pay a fee.
Before signing any paperwork, be sure to review the contingency fee agreement carefully and ask questions about what terms mean. Contact a Henderson personal injury lawyer to schedule a free consultation and learn more about how they can help you.
When Should I Contact a Personal Injury Lawyer?
You should contact a Henderson personal injury attorney as soon as possible after an accident or injury. Nevada has a 2-year statute of limitations for personal injury claims. With a few exceptions, this means that if you don’t file a lawsuit within this timeframe, you may not be able to at all.
Beyond the statute of limitations, there are good reasons to get a case started as soon as possible. Over time, witness memories fade and evidence is lost. The sooner that you reach out to a lawyer, the greater the likelihood that they will be able to build a strong case for you.
What Are the 3 Types of Damages in a Personal Injury Case?
You may be able to recover economic, non-economic, and punitive damages in a personal injury lawsuit. Economic and non-economic damages are compensatory damages, which means that they compensate you for your losses. Punitive damages are designed to penalize a wrongdoer and deter others from engaging in similar conduct.
Examples of economic damages include medical bills, property damage, and lost wages. Non-economic damages may include pain and suffering, emotional distress, and scarring. Punitive damages are rarely available in personal injury cases, although they may be awarded if a defendant acted intentionally or recklessly.
Help for Nevada Accident Victims
Being hurt in any type of accident can leave you in pain, emotional distress, and struggling financially. A personal injury lawsuit can allow you to move forward with your life after an accident by providing you with the money that you need to recover.
At Cap & Kudler, we are committed to helping injury victims get the best possible outcome for their case. From our law office in Las Vegas, NV, we represent clients throughout the region. To learn more or to schedule a free consultation with a Henderson personal injury attorney, call our law firm at 702-878-8778 or fill out our online contact form.