Personal Injury More Information
Personal Injury is any harm, including physical injury, to a person.
Behzadi Law Offices in Las Vegas can prosecute a negligence claim against the responsible person or entity for monetary damages in order to reimburse you for out of pocket and past and future medical expenses, as well pain and suffering.
We Maximize the Injured Victim’s Recovery against the At Fault Tortfeasor
Personal injury claims are often settled with the at fault “tortfeasor’s” insurance company prior to trial or even filing a lawsuit. For car accidents, if the at fault driver has insurance coverage, Behzadi Law Offices in Las Vegas will negotiate with the adjuster prior to litigation.
The insurer can pay under the at fault driver’s liability policy for injuries caused to others, including the driver’s own passengers, as well as property damage caused by the accident.
Litigation in Nevada
If the insurance company does not settle or offer a reasonable amount, Behzadi Law Offices in Las Vegas can file a civil lawsuit and litigate the case to enforce your legal rights without any expense to you, the client, unless there is monetary recovery. Once in litigation, the case can still be settled before, during or after discovery (stage in which depositions and written discovery are taken to gather all evidence pertinent to the case).
If the value of the case is less than $50,000 per plaintiff (exclusive of costs, and regardless of comparative liability—explained below), the case will then go to Mandatory Arbitration (informal proceeding with an assigned arbitrator instead of a judge or jury determining the result). See ADR Rules.
After Arbitration, the losing party may appeal (request a trial de novo) and proceed to a Short Trial program (informal rules set up for expeditious determination of lower value cases without tying up the district court calendar). However, the losing party can opt out (demand a removal from the short trial program), albeit with some negative consequences to discourage backlogging the district court docket. See Short Trial Rules.
If the case has a probable jury award value above $50,000 per plaintiff, it will proceed to regular Trial. See See NRCP.
In any of the above cases, the injured plaintiff must establish: (1) the existence of a duty of care by the defendant, (2) breach of that duty, (3) causation, and (4) damages. Generally, the duty of care is “reasonable” care (that degree of care which an ordinary careful and prudent person would exercise under the same or similar circumstances in order to avoid injury to others). However, statutes, such as traffic laws, can set the standard of care, and children and professionals are held to different standards as well. Causation includes both actual and proximate cause (which limits liability to foreseeable consequences of the negligent act). A plaintiff in a negligence case also has to show damages as a result of the defendant’s negligence (such as property damage, medical bills and specials, as well as general damages for pain and suffering).
Finally, under Nevada’s “comparative negligence” statute, damages resulting from a plaintiff’s injuries are reduced by the plaintiff’s own negligence, and the plaintiff may not recover if his or her negligence exceeds the negligence of the defendant (i.e., a plaintiff found to be more than 50% at fault will not make any recovery). See NRS § 41.141. In other words, the injured claimant needs to show his or her own negligence was not the major contributing cause of the injury sustained.